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   State Courts - Arizona - December 26 - December 29, 2000

  
Allstate Ins. Co. v. Universal Underwriters, Inc., 2 CA-CV 99-0139, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, December 26, 2000, Filed
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Overview: Application of the statute's provisions was not limited to only situations when, at the time of the incident giving rise to the loss, a vehicle's operator was performing some function for the business.

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Andrews v. Eddie's Place, Inc., 2 CA-CV 99-0162, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, December 26, 2000, Filed
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Overview: In personal injury suit brought by injured motorist against bar for serving patron who was then involved in car accident, trial court erred in applying statute of limitations: two years was the applicable limitations period.

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Gunnell v. Arizona Pub. Serv. Co., 1 CA-CV 99-0510, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, December 26, 2000, Filed
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Overview: Plaintiffs were properly found liable under the Underground Facilities Act, as plaintiff husband did not notify defendant of the unmarked electric pipe and did not verify whether the pipe was abandoned before cutting into it.

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Jackson v. Tangreen, 1 CA-CV 99-0542, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, December 26, 2000, Filed
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Overview: Statute allowing grandparent visitation was constitutional and did not impermissibly distinguish between two-parent and stepparent adoptions by excepting latter case from visitation termination upon child's adoption.

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Kelly v. Nationsbanc Mortg. Corp., 1 CA-CV 99-0642, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, December 26, 2000, Filed
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Overview: Defendant was properly granted summary judgment, because plaintiffs' bankruptcy filing, which postponed the trustee's sale of their property, did not compel defendant to give them additional notice of the new sale date.

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State v. Logan, 1 CA-CR 99-1041, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, December 26, 2000, Filed
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Overview: Fundamental error occurred when the trial court failed to instruct the jury that it must find that appellant acted "without lawful authority" in obtaining the victim's property; therefore, court reversed and remanded.

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In re Kistler, Supreme Court No. SB-00-0098-D, SUPREME COURT OF ARIZONA, December 28, 2000, Decided
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Overview: Attorney who participated in a court proceeding while on administrative suspension and used his old attorney letterhead in correspondence for the benefit of another was censured and placed on probation.

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In re Allen, Supreme Court No. SB-00-0097-D, SUPREME COURT OF ARIZONA, December 29, 2000, Decided , December 29, 2000, Filed
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State v. Hoskins, Supreme Court No. CR-97-0349-AP, SUPREME COURT OF ARIZONA, December 29, 2000, Filed
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Overview: Twenty year-old car-jacker's premeditated murder death sentence, where only aggravator found was pecuniary gain, and jury rejected felony murder conviction, was upheld. There was no causal connection between personality mitigators and crime.

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