Yearly Archives: 2009

Schoeneweis v. Superior Court (12/1/2009)

December 8, 2009
Arizona Court of Appeals Division One Holds That 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.

Gersten v. Gersten (11/17/2009)

November 30, 2009
Arizona Court of Appeals Division One Holds That (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) Arizona’s Support Statute No Longer Requires Custody or Guardianship as a Condition of Ordering Support.

Tripati v. Forwith (11/3/2009)

November 30, 2009
Arizona Court of Appeals Division One Holds That An 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.

Buencamino v. Noftsinger (11/27/2009)

November 30, 2009
Arizona Court of Appeals Division One Holds That 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.

Zeagler v. Buckley – 10/27/2009

November 17, 2009
Arizona Court of Appeals Division Two Holds That 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.