2012 - Page 15 of 21 - Osborn Maledon, P.A.

Thomas v. Montelucia Villas, LLC – 3/27/2012

March 29, 2012

Arizona Court of Appeals Division One Holds That a Non-Breaching Party Does Not Have to Prove That It Was Able and Willing to Perform a Contract Anticipatorily Repudiated by the Other Party, Unless It Seeks Damages for the Anticipatory Repudiation.

BAC Home Loans Servicing, LP v. Semper Investments, LLC – 3/22/2012

March 28, 2012

Arizona Court of Appeals Divison Two Holds That An Intervening Lienholder Is Not Prejudiced By Equitable Subrogation When A Fixed-Interest-Rate Loan Subrogates A Higher-Priority Earlier Loan With Variable Rates, So Long As The Fixed Rate Is Within The Range of The Variable Rate.

In re the Estate of Fred N. Kirkes (3/8/2012)

March 27, 2012

Arizona Court of Appeals Division Two Holds That the Aggregate Theory of Community Property Division is Permissible If It Does Not Result in a Fraud on the Surviving Spouse’s Interest.

Assyia v. State Farm Mut. Auto. Ins. Co. – 3/22/2012

March 26, 2012

Arizona Court of Appeals Division One Holds That Action Against Insurer for Payment of Uninsured Motorist Benefits Arises Out of a Contract for Purposes of Attorneys’ Fee Award Under A.R.S. § 12-341.01.

Hess v. Purcell – 3/22/2012

March 26, 2012

Arizona Court of Appeals Division One Holds That Litigant Who Has Partial Success in Suit Against Maricopa County Is Entitled to Attorneys’ Fees and Expenses

Helvetica Servicing, Inc. v. Pasquan (3/20/2012)

March 26, 2012

Arizona Court of Appeals Division One Holds That (1) Refinancing a Loan Does Not Destroy Anti-Deficiency Protection to The Extent Proceeds Satisfy the Underlying Purchase Money Obligation, (2) Loans Used to Construct a Residence Sometimes Merit Anti-Deficiency Protection, and (3) Loans Used for Non-Purchase Money Purposes May be Traced, Segregated, and Recovered in a Deficiency Action.

AzApp Blog Covering Arizona's Appellate Courts

Yearly Archives: 2012

Thomas v. Montelucia Villas, LLC – 3/27/2012

BAC Home Loans Servicing, LP v. Semper Investments, LLC – 3/22/2012

In re the Estate of Fred N. Kirkes (3/8/2012)

Assyia v. State Farm Mut. Auto. Ins. Co. – 3/22/2012

Hess v. Purcell – 3/22/2012

Helvetica Servicing, Inc. v. Pasquan (3/20/2012)

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