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Arizona Court of Appeals Division One Holds That Payday Lender That Breached Its Lease After Arizona’s Law Authorizing Payday Lending Expired Could Not Invoke the Frustration of Purposes Doctrine to Avoid Liability.
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Rash v. Town of Mammoth (12/13/2013)
December 18, 2013
Arizona Court of Appeals Division Two Holds That Rule 7, Arizona Rules of Procedure for Special Actions, Does Not Apply to Statutory Special Actions filed in Superior Court, and Thus ARCAP 9(a)’s Time Limit for Filing an Appeal Also Does Not Apply.
Parker v. City of Tucson – 11/19/2013
December 4, 2013
Arizona Court of Appeals Division Two Holds That Petition Circulators Convicted of a Felony are Not Eligible Unless Their Civil Rights Have Been Restored, That Several Circulators Were Ineligible Under Arizona Revised Statute § 19-114, and Therefore The Signatures Gathered by the Circulators Were Invalid.
Drew v. Prescott Unified School District (11/26/2013)
December 4, 2013
Arizona Court of Appeals Division One Holds That, To Comply With A.R.S. § 12-821.01, a Claimant’s Settlement Offer Must Remain Open for Sixty Days Unless the Public Entity or Employee Denies the Claim Before the Sixty-Day Period Expires.
WEITZ v. HETH, et al. – 11/26/2013
December 3, 2013
Arizona Court of Appeals Division One Holds That the Doctrine of Equitable Subrogation Does Not Permit a Court to Reorder the Priority Given to Mechanic’s Liens by Statute.
Yanni v. Tucker Plumbing, Inc – 11/20/2013
December 2, 2013
Arizona Court of Appeals Division Two Holds That Homeowner May Not Sue Subcontractor for Breach of the Implied Warranty of Workmanship and Habitability Unless Homeowner Has Contractual Privity with Subcontractor.