AZAPP RSS FeedAZAPP BLOG Articles en-us http://www.azapp.com/ Thu, 11 Mar 2010 05:28:34 EST Thu, 11 Mar 2010 05:28:34 EST Upon Dissolution of a Marriage, an Unequal Division of Jointly Held Property Cannot be Made Solely to Reimburse Each Spouse for Separate Funds That Were Used to Purchase the Jointly Held Property. http://www.azapp.com/post-1789.html Tardy Filing of a Cost Bond on Appeal from Compulsory Arbitration Does Not Render the Appeal to Superior Court Jurisdictionally Defective. http://www.azapp.com/post-1788.html Under the Ecclesiastical Abstention Doctrine, Courts Lack Jurisdiction to Resolve Disputes That Require an Inquiry Into Church Doctrine or Belief and that the Ecclesiastical Abstention Doctrine Applies Equally to Congregational and Hierarchical Churches http://www.azapp.com/post-1787.html 1991 Special Order Governing the Adjudication of Water Rights Is Constitutional and Appropriately Limits the Scope of Review of Settlements Concerning Water Rights. http://www.azapp.com/post-1786.html Although the Family Court Can Consider a One-Time Insurance Settlement as Income When Modifying Child Support, It Cannot Do So Without Determining Whether the Settlement Represented a Recoupment of Lost Capital or an Offset of Litigation Expenses Incurred http://www.azapp.com/post-1785.html Economic Loss Doctrine Prohibits a Plaintiff From Recovering in Tort for Purely Economic Loss under a Construction Contract, Unless the Contract Otherwise Provides. http://www.azapp.com/post-1784.html Unauthorized Recording of a Valid Real Estate Purchase/Sale Agreement Does Not Constitute Grounds For Slander of Title Under A.R.S. § 33-420 http://www.azapp.com/post-1783.html Eight-Year Limitations Period In A.R.S. § 23-907(E) For the Industrial Commission of Arizona to Recover Payments From Employers Runs From the Date of the Initial Award Giving Benefits to the Injured Worker, But That Each Payment Made to the Injured Employ http://www.azapp.com/post-1782.html Hotel and Casino Cannot Recover Under Business Interruption Insurance Policy When an Expansion Building Collapses During Construction. http://www.azapp.com/post-1781.html Administrative Penalty Does Not Accrue Prejudgment Interest in the Absence of an Explicit Statutory Mandate. http://www.azapp.com/post-1780.html Aiding and Abetting Bad Faith Claim Made Against a Doctor Performing an Independent Medical Exam for an Insurer Must Include Evidence That the Physician Knew of the Insurer’s Tort and Substantially Assisted or Encouraged the Insurer. http://www.azapp.com/post-1779.html Time Limitations Imposed by a Trial Court on a Party’s Examination of a Witness Are Not Unreasonable if the Time Constraints Encountered Are “Solely Attributable” to the Party. http://www.azapp.com/post-1778.html A.R.S § 33-1005 Creates a Trust Obligation and that Directors of a Corporation May be Held Personally Liable if they Cause a Corporation to Breach that Trust Obligation. http://www.azapp.com/post-1777.html When a Worker Suffers Two Injuries in a Single Industrial Accident, His Employer May Be Entitled to Reimbursement from the Industrial Commission Special Fund, Even If Either of the Injuries Alone Would Not Entitle the Employer to Reimbursement http://www.azapp.com/post-1776.html Mental Health Patient’s Right to a Hearing to Challenge Involuntary Hospitalization During a Mental Health Evaluation Does Not Include the Right to Challenge the Evaluation Itself http://www.azapp.com/post-1775.html When Land is Sold Subject to a Roadway Easement, Courts are to Presume an Intent to Dedicate the Roadway to Public Use http://www.azapp.com/post-1774.html A.R.S. §§ 14-3910 and 14-3972(C) Protect a Third-Party Purchaser of a Beneficial Interest in a Deed of Trust Even When the Original Transferor Wrongly Obtained Title Through a Fraudulent Affidavit for Transfer of Real Property. http://www.azapp.com/post-1773.html Courts May Not Consider Indirect, Non-Contractual Public Benefits in Determining Whether the Public Benefit to be Obtained from a Private Entity Under a Public Contract Is So Far Exceeded by the Consideration Paid by the Public that the Agreement Violates http://www.azapp.com/post-1772.html Pet Owners Are Not Entitled to Recover Emotional Distress Damages for the Death of a Pet in Negligence Actions. http://www.azapp.com/post-1771.html a Party Who Redeems a Tax Lien Before Completion of Service of Process by Publication in a Foreclosure Action Is Not Liable for Plaintiff’s Costs and Fees. http://www.azapp.com/post-1770.html Superior Courts Have the Authority to Conduct Contempt Proceedings Against the Sheriff's Office for Failure to Timely Transport Prisoners and That Civil Contempt Sanctions Must Serve a Compensating or Coercive Function. http://www.azapp.com/post-1769.html Courts Should Apply a Balancing Test to Determine Whether to Use Actual Income or Earning Capacity to Calculate Spousal Maintenance when Voluntary Reduction of Income Issues are Raised. http://www.azapp.com/post-1768.html A.R.S. § 20-259.01 Does Not Provide an Automatic Safe Harbor From Suit When a Department of Insurance Form is Used to Convey an offer of UM/UIM Coverage When an Insurer Knows or Should Know That Merely Providing the Form Would be Insufficient to Reasonabl http://www.azapp.com/post-1767.html Dismissal of Plaintiff’s Appeal of Arbitration Award When Plaintiff Failed to Comply with Arbiter’s Order To Submit a Pre-Hearing Written Statement and To Appear at Arbitration Hearing http://www.azapp.com/post-1766.html Pursuant to A.R.S. § 5-107.01, the Department of Racing May Pass on to License Applicants the Full Cost of a Thorough Background Investigation. http://www.azapp.com/post-1765.html Where a City Charter Provides that the City Must List the Top Six Candidates From the Primary Election on the General Election Ballot, the City is Not Required to List Those Candidates Who Were Not Among the Top Six Vote Getters Even If One of the Top-Six http://www.azapp.com/post-1764.html Under A.R.S. § 33-420, a Sanction for Recording an Invalid Notice of Lis Pendens May Not Exceed $5,000, Unless the Property Owner Suffers Actual Damages. http://www.azapp.com/post-1763.html Prior Involuntary Detention in Violation of Statute Does Not Constitute Grounds for Dismissal of Subsequent Involuntary Mental Health Treatment Proceeding http://www.azapp.com/post-1762.html 1099-C Cancellation of Debt Form Is Prima Facie Evidence of Cancellation of a Debt That May Be Rebutted by Evidence Showing that the Lender Did Not Intend to Forgive the Debt http://www.azapp.com/post-1761.html Assessment of Liquidated Damages Against Contractor Because There was Sufficient Evidence to Support the Procurement Director’s Determination That the Contractor’s Delays Were Not Excusable http://www.azapp.com/post-1760.html Standards in the Occupational Safety and Health Act Can Be Considered As Some Evidence of the Standard of Care in Negligence Cases Even When The Act Is Not Binding. http://www.azapp.com/post-1759.html A.R.S. § 9-463.05(B)(4) Requires Municipalities Imposing Development Impact Fees to Consider Only Those Future Revenues Paid by Development Property Owners That Will Be Applied to Growth-Related Capital Costs. http://www.azapp.com/post-1758.html Death Certificates Are Not Subject to Public Disclosure Under Arizona Public Records Law; Autopsy Reports Must Be Viewed In Camera to Properly Weigh Privacy Concerns Against the Interests of Public Disclosure. http://www.azapp.com/post-1757.html (1) Family Law Procedure Rule 88 Only Requires a Successor Judge to Review Those Portions of the Record Relevant to the Successor Judge’s Rulings, (2) Items Purchased with Funds from the Federal Employees’ Compensation Act are Community Property, and (3) http://www.azapp.com/post-1756.html Appellant Must Obtain a Signed Order Denying a Motion for New Trial Before Filing a Notice of Appeal, and that a Motion for New Trial May Extend the Time to File a Notice of Appeal When It is Used to Challenge the Denial of a Rule 60(c) Motion. http://www.azapp.com/post-1755.html Courts Need Address A.R.S. § 25-408(I)’s Relocation Factors in Child Custody Cases Only if (1) There Is a Written Agreement or Court Order Providing for Custody, or (2) Both Parents Reside in Arizona http://www.azapp.com/post-1754.html Under A.R.S. § 12-341.01 a Trial Court Can Award the Prevailing Party in a Contract Action Attorney’s Fees Incurred During a Bankruptcy Proceeding that is Intertwined with a Contract Dispute. http://www.azapp.com/post-1753.html Workers’ Compensation Insurance Carriers Do Not Have to Pay Taxes on the Difference Between a Full Premium and the Reduced Premium Charged for a Deductible Policy http://www.azapp.com/post-1752.html Federal Law Does Not Prohibit Arizona from Taxing a Non-Arizona Partnership’s Income Derived from Sales in Arizona When the Taxpayer Reporting the Income Has an Independent Nexus to Arizona. http://www.azapp.com/post-1751.html Unlicensed Real Estate Broker May Not Recover for Performing Services That Require a Real Estate License, But May Recover in Unjust Enrichment for Non-Broker Services When the Contract Is Not Divisible http://www.azapp.com/post-1750.html Affirms Superior Court’s Correction of a Judgment that Had Already Been Affirmed on Appeal and Holds That the Normal Statutory Interest Rate on a Final Judgment Does Not Apply During the Course of an Appeal Where the Judgment Would be Paid Out of the Stat http://www.azapp.com/post-1749.html Under A.R.S. § 33-422 a Buyer May Rescind a Land Purchase Contract If the Seller Has Not Made the Required Disclosures, Subject to the Affirmative Defenses of Waiver, Estoppel, and Laches. http://www.azapp.com/post-1748.html When Apportioning Arizona Income, the Denominator of the Sales Factor Should Include Only the Net Gains from the Sales of Mortgages and Mortgage Servicing Rights. http://www.azapp.com/post-1747.html Computer Metadata of Public Records That Are Stored in Electronic Format Is Subject to Disclosure Under Public Records Law. http://www.azapp.com/post-1746.html Screening Agency Only Needs to Attach a County Attorney’s Recommendation to a Petition for Court-Ordered Evaluation if the County Attorney Recommends that No Further Screenings Are Warranted. http://www.azapp.com/post-1745.html Court Reviewing Agency Action Was Insufficiently Deferential When It Concluded That an Agency’s Decision Was “Shocking to One’s Sense of Fairness http://www.azapp.com/post-1744.html Parties Cannot Submit Disputes to Judicial Proceedings Under the Administrative Review Act Without Statutory Authorization. http://www.azapp.com/post-1743.html There is No Requirement for a Minimum Number of Encounters or Time of Acquaintance to Qualify as an Acquaintance Witness in a Hearing for Involuntary Mental Health Treatment. http://www.azapp.com/post-1742.html Vacates Superior Court’s Order Requiring Insurance Company’s Expert Physician to Produce Extensive Documentation In Response to Subpoena Duces Tecum http://www.azapp.com/post-1741.html When It Is Apparent from the Record That Discovery Violations Are the Fault of the Party, As Opposed To the Party’s Attorney, Court Need Not Hold Evidentiary Hearing Prior to Sanctioning Party with Dismissal or Entry of Default Judgment. http://www.azapp.com/post-1740.html