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   State Courts - Arizona - December 9 - December 17, 2003

  
Wolfinger v. Cheche, 1 CA-CV 02-0421, 1 CA-CV 02-0422 (Consolidated), COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, December 9, 2003, Filed
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Overview: Probable cause existed for appellees to pursue the second case; facts showed that the WICP claim against the attorneys was objectively reasonable as defined by Arizona law, even though the ultimate result in Case II was in favor of the attorneys.

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Bridgestone/Firestone N. Am. Tire, L.L.C. v. Naranjo, 2 CA-CV 2003-0009, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, December 10, 2003, Filed
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Overview: On family's appeal of summary judgment for tire company in declaratory action, judgment was affirmed; trial court properly granted summary judgment for tire company based on satisfaction of judgment in family's case against vehicle rental agency.

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Cimarron Foothills Cmty. Ass'n v. Kippen, 2 CA-CV 2003-0048, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, December 10, 2003, Filed
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Overview: On homeowners' appeal of denial of fair housing accommodation, judgment was affirmed; homeowners failed to demonstrate that but for the accommodation, their residents would be denied the opportunity to enjoy the housing of their choice.

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Facilitec, Inc. v. Hibbs, Arizona Supreme Court No. CV-02-0412-PR, SUPREME COURT OF ARIZONA, December 10, 2003, Filed
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Overview: In contract bidder's review of trial court judgment in state procurement protest, trial court's judgment was reversed; director could delegate to deputy director the authority to make the final decision on the appeal of a procurement protest.

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Kocher v. Dep't of Revenue , 1 CA-TX 03-0002, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT T, December 11, 2003, Filed
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Overview: Court affirmed tax court's judgment that taxpayers were Arizona residents throughout 1995 tax year and therefore not entitled to subtract stock option income from gross income; taxpayers did not show that they moved to Arizona for a temporary period.

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Lindsay v. Cave Creek, 1 CA-CV 02-0375, COURT OF APPEALS OF ARIZONA, DIVISION ONE, December 11, 2003, Decided
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London v. Broderick, Arizona Supreme Court No. CV-03-0090-PR, SUPREME COURT OF ARIZONA, December 11, 2003, Decided
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Overview: Probation department employee who was facing disciplinary charges could not obtain disclosure of the department's investigatory file pertaining to those charges before his pre-disciplinary interview, as the file was not subject to disclosure.

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State v. Tsinnijinnie, 1 CA-CR 02-0958, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, December 11, 2003, Filed
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Overview: Trial court's sentencing of defendant to concurrent sentences was reversed; pursuant to applicable statute, the trial court was required to impose consecutive sentences for defendant's convictions for sexual assault and molestation of a child.

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Town of Marana v. Aegis of Arizona, LLC, 2 CA-CV 2003-0057, COURT OF APPEALS OF ARIZONA, DIVISION TWO, December 17, 2003, Decided
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Weatherford v. State, Arizona Supreme Court No. CV-02-0369-PR, SUPREME COURT OF ARIZONA, December 17, 2003, Filed
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Overview: State supreme court vacated trial court's grant of summary judgment to child's social workers and remanded the matter to apply new standard that it established to determine liability of a social worker to a foster care child in ¿ 1983 cases.

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