http://www.appeals2.az.gov/ODSPlus/recentDecisions.cfm Arizona Court of Appeals - Division Two Recent Opinions Tue, 15 May 2012 06:00:00 MST Opinion - Issues Summary: In this action to enforce the campaign finance reporting requirements of title 16, did the trial court err by granting summary judgment in favor of the City of Sierra Vista, and against the Sierra Vista Wards System Voting Project, based on the Project’s failure to exhaust administrative remedies? Do the applicable statutes authorize two separate civil penalties? Is the civil penalty authorized in § 16-918 capped at $1,000 by § 16-924? http://www.appeals2.az.gov//Decisions/CV20110145Opinion.pdf http://www.appeals2.az.gov//Decisions/CV20110145Opinion.pdf Mon, 14 May 2012 12:00:00 MST Opinion - Issues Summary: In granting the state relief in its appeal from a sentence imposed on petitioner in justice court, did the respondent judge err by ordering that no credit be given against a jail term ordered on resentencing for any period of time appellant spent in an unauthorized home detention program as ordered by the justice court? http://www.appeals2.az.gov//Decisions/SA20120006OPN.pdf http://www.appeals2.az.gov//Decisions/SA20120006OPN.pdf Fri, 11 May 2012 12:00:00 MST Opinion - Issues Summary: Did the trial court err in awarding prejudgment interest pursuant to Rule 68(g), Ariz. R. Civ. P., from the date of the offer of judgment to the date of a judgment vacated by the grant of a new trial, rather than to the date of the subsequent judgment on mandate? http://www.appeals2.az.gov//Decisions/CV20110133OPN.pdf http://www.appeals2.az.gov//Decisions/CV20110133OPN.pdf Fri, 11 May 2012 12:00:00 MST Opinion - Issues Summary: Did the trial court err by reviewing de novo and then reversing another superior court judge's previous determination in the same case that manifest necessity had existed for a mistrial? http://www.appeals2.az.gov//Decisions/CR20110357-Opinion.pdf http://www.appeals2.az.gov//Decisions/CR20110357-Opinion.pdf Mon, 07 May 2012 12:00:00 MST Opinion - Issues Summary: When an injured worker’s claim for compensation raises a question of medical causation, is a physician’s testimony regarding the possibility of idiopathic causes sufficient to create a conflict in the evidence and rebut the testimony of another physician establishing industrial causation to a reasonable medical probability? http://www.appeals2.az.gov//Decisions/IC20110014Opinion.pdf http://www.appeals2.az.gov//Decisions/IC20110014Opinion.pdf Mon, 07 May 2012 12:00:00 MST Opinion - Issues Summary: Does a cooperative qualify as a seller for purposes of product liability when a member store ordered the product directly from the vendor in a drop-ship order, but the vendor sent the bill to the cooperative? http://www.appeals2.az.gov//Decisions/CV20110140 Opinion.pdf http://www.appeals2.az.gov//Decisions/CV20110140 Opinion.pdf Fri, 04 May 2012 12:00:00 MST Opinion - Issues Summary: Whether the trial court could require defendants against whom a claim for punitive damages had been made to produce financial information and provide it to their own attorneys before the plaintiff had established a prima facie case of liability for punitive damages. http://www.appeals2.az.gov//Decisions/SA20120015Opinion.pdf http://www.appeals2.az.gov//Decisions/SA20120015Opinion.pdf Mon, 30 Apr 2012 12:00:00 MST Opinion - Issues Summary: Whether the trial court abused its discretion in dismissing with prejudice an indictment alleging defendant’s failure to register as a sex offender on the ground that the order first requiring him to register had been void. http://www.appeals2.az.gov//Decisions/CR20110214Opinion.pdf http://www.appeals2.az.gov//Decisions/CR20110214Opinion.pdf Mon, 30 Apr 2012 12:00:00 MST Opinion - Issues Summary: 1. Under Maryland v. Shatzer and Edwards v. Arizona, was a suspect’s Fifth Amendment right to counsel violated when, after he invoked the right, he was invited by police to take a polygraph test and make a statement within the two-week window in which police must not initiate further communication? 2. Did the trial court err in admitting other-act evidence of which the defendant had been charged and acquitted? And, if the evidence was properly admitted, was the defendant entitled to inform the jury of the acquittal? http://www.appeals2.az.gov//Decisions/CR20100338Opinion.pdf http://www.appeals2.az.gov//Decisions/CR20100338Opinion.pdf Thu, 26 Apr 2012 12:00:00 MST Opinion - Issues Summary: In a wrongful death action brought by the surviving family members of a deceased Arizona pilot, did the trial court err by ruling Arizona did not have personal jurisdiction over an Australian aircraft manufacturer, Jabiru Pty., Ltd., when it does not have offices or employees in Arizona but sells its products in the state through its exclusive North American distributors? http://www.appeals2.az.gov//Decisions/CV20110107Opinion.pdf http://www.appeals2.az.gov//Decisions/CV20110107Opinion.pdf Tue, 24 Apr 2012 12:00:00 MST Opinion - Issues Summary: 1. Whether the trial court erred in exercising personal jurisdiction over appellant based on a forum selection clause in a lease agreement signed by appellant as guarantor when the separate guarantee did not also provide that Arizona was a proper forum for litigation. 2. Whether the trial court erred in granting summary judgment against appellant for the tenant’s breach of the underlying lease agreement when the lease had been modified to extend the lease term and to change the payment arrangements under the lease. http://www.appeals2.az.gov//Decisions/CV20110117Opinion.pdf http://www.appeals2.az.gov//Decisions/CV20110117Opinion.pdf Mon, 16 Apr 2012 12:00:00 MST Opinion - Issues Summary: When a trial court has imposed a reasonable deadline for submitting restitution requests and supporting documentation, and when a crime victim subsequently fails to comply with this deadline, may the court then deny the victim’s request based on its untimeliness? http://www.appeals2.az.gov//Decisions/CR20110244Opinion.pdf http://www.appeals2.az.gov//Decisions/CR20110244Opinion.pdf Thu, 12 Apr 2012 12:00:00 MST Opinion - Issues Summary: Did the trial court abuse its discretion under Rules 16(a) and (f), Ariz. R. Civ. P., in sanctioning an out-of-state appellant—specifically, in dismissing his complaint, entering a default judgment against him, and setting aside his objection to the informal probate of a will—on the grounds that (1) the appellant failed to personally attend a pretrial conference and (2) the appellant failed to file a timely reply to appellees’ counterclaims? http://www.appeals2.az.gov//Decisions/cv20110020-OPN.pdf http://www.appeals2.az.gov//Decisions/cv20110020-OPN.pdf Thu, 29 Mar 2012 12:00:00 MST Opinion - Issues Summary: Did the trial court abuse its discretion in denying plaintiff’s motion for relief from judgment pursuant to the catch-all provision of Rule 60(c), Ariz. R. Civ. P., when plaintiff’s arguments were based on allegations of fraud and mistake but the motion was untimely under portions of the rule specifically applicable to those arguments? http://www.appeals2.az.gov//Decisions/cv20110083opn.pdf http://www.appeals2.az.gov//Decisions/cv20110083opn.pdf Wed, 28 Mar 2012 12:00:00 MST Opinion - Issues Summary: (1) Whether the trial court erred in granting summary judgment after applying the doctrine of equitable subrogation in favor of a subsequent lender who satisfied primary liens against a property, when an intervening junior lienholder claimed its interest in the property was prejudiced by differences between the terms of the subrogated loan and the original loans. (2) Whether the intervening junior lienholder was prejudiced by lack of notice of the subrogating loan transaction and resulting lien under the doctrine of equitable subrogation. http://www.appeals2.az.gov//Decisions/cv20110129opn.pdf http://www.appeals2.az.gov//Decisions/cv20110129opn.pdf Thu, 22 Mar 2012 12:00:00 MST