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| Capitol Indem. Corp. v. Fleming, 2 CA-CV 2001-0114,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, December 10, 2002, Filed
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Overview: A surety did not have a malpractice claim against an attorney for failing to supervise a conservator of an estate, because there was no evidence that the surety was directly benefitted by the attorney-client relationship.
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| In re Andrew A., 1 CA-JV 01-0073,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, December 10, 2002, Filed
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Overview: In juvenile proceeding, juvenile's agreement was not required before restitution was ordered; after it was established he was criminally liable for theft of vehicle containing victim's personal property when stolen, restitution was mandated.
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| Althaus v. Cornelio, 2 CA-SA 2002-0107,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, December 12, 2002, Filed
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Overview: The judge abused his discretion in granting the insurer's cross-motion for summary judgment, as the oral settlement between the parties was to be followed by the execution of formal settlement, which at that stage did not permit summary judgment.
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| Jaramillo v. Indus. Comm'n, 1 CA-IC 02-0021,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, December 12, 2002, Filed
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Overview: An administrative law judge erred in dismissing a claimant's request for hearing as untimely and closing his claim, where the employer's insurance carrier did not mail the notice of claim status to the claimant's "last known address."
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| Samsel v. Allstate Ins. Co., Arizona Supreme Court No. CV-01-0158-PR,
SUPREME COURT OF ARIZONA, December 12, 2002, Filed
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Overview: In an insurance case, medical benefits received from health maintenance organization coverage were treated the same as benefits received from any other collateral source acquired by the insured. Insured's expenses were deemed "actually incurred."
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| State v. Ehrlich (In re Leon G.), Arizona Supreme Court No. CV-01-0062-PR CONSOLIDATED WITH Arizona Supreme Court No. CV-01-0063-SA,
SUPREME COURT OF ARIZONA, December 16, 2002, Filed
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Overview: State's sexually violent person statute was not unconstitutional, as it narrowed class of persons subject to civil commitment to mental hospital. Supreme court directed that juries in future proceedings be instructed in certain manner.
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| Ariz. Joint Venture v. State Dep't of Revenue, 1 CA-TX 02-0010,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT T, December 17, 2002, Filed
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Overview: Tax court did not err when it affirmed department of revenue's statutory authority to adjust taxpayers' land-value deductions, and four year limitation provided by statute had not barred department of revenue's adjustment of those deductions.
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| State v. Davis, 1 CA-CR 02-0007,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, December 17, 2002, Filed
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Overview: Where defendant admitted he wrapped victim in carpet and burned her body, trial court did not err in failing to give Willits instruction where there was no reason to believe that carpet or gasoline container would have produced exculpatory evidence.
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