Yearly Archives: 2012

Gardner v. Richardson – 8/9/2012

August 17, 2012
Arizona Court of Appeals Division One Holds That A Devisee Who Exerts Possession and Control of Devised Property Without A Contemporaneous and Objectively Manifested Intent to Disclaim Has “Accepted” the Property Interest and May Not Later Disclaim It.

Kennedy v. Lodge – 8/8/2012

August 13, 2012
Arizona Supreme Court Holds That Courts Will Not Consider Extrinsic Information Provided by Petition Circulators in Determining Whether Nominating Petitions Substantially Comply With Statutory Requirements

Cook v. State (7/26/2012)

August 2, 2012
Arizona Court of Appeals Division One Holds That A.R.S. § 13-757(A), Which Authorizes the Department of Corrections to Oversee Executions by Lethal Injection, Does Not Violate Arizona’s Separation of Powers Doctrine.

PNC Bank v. Cabinetry by Karman, Inc. – 7/24/2012

August 2, 2012
Arizona Court of Appeals Division One Holds That, Under A.R.S. § 33-812(J), a Court May Not Distribute Excess Proceeds from a Trustee’s Sale Before the Expiration of 180 Days After a Complaint Is Filed, If the Court Has Information Before It Indicating That a Party May Have a Claim Superior to the Applicant’s Claim, Even If No Party Files a Response to the Application.

Independent Mortgage Company v. Alaburda – 7/17/2012

July 24, 2012
Arizona Court of Appeals Division One Holds That A Vacation Condominium Is a “Dwelling” for Purposes of Anti-Deficiency Protection Even When the Borrower Seeking Protection Owned Only a Fractional Interest in the Property and Could Only Use the Property for Part of the Year.