Arizona Appellate Blog - Osborn Maledon

Beck v. Neville – 1/9/2024

March 4, 2024

Arizona Supreme Court holds that a party asserting a boundary by acquiescence claim must prove by clear and convincing evidence (1) occupation or possession of property up to a clearly defined line; (2) mutual acquiescence by the adjoining landowners in that line as the dividing line between their properties; (3) continued acquiescence for ten years; and (4) uncertainty or dispute as to the true boundary.

Neptune Swimming Found. v. City of Scottsdale – 2/6/2024

February 16, 2024

Arizona Supreme Court holds that Gift Clause does not require that a public entity maximize profit from arrangements entered with private parties.

Date St. Cap., LLC v. Clearcover Ins. Co. – 11/21/2023

February 5, 2024

Arizona Court of Appeals Division Two holds that a loss payee properly named in a standard loss-payable mortgage clause is entitled to collect under an automobile insurance policy, notwithstanding the insured’s fraud or misconduct in obtaining the policy.

Hammer Homes, LLC v. City of Phoenix – 12/21/2023

January 5, 2024

Arizona Court of Appeals Division One holds that one with a pecuniary interest in a land transaction owes a duty to exercise reasonable care and competence when communicating the existence of restrictions on the land to others who might justifiably rely on those representations.

Gray v. GC Services, LP – 12/14/2023

January 5, 2024

Arizona Court of Appeals Division One, holds that when there is a valid arbitration agreement between parties, questions of whether claims are precluded must be decided by the arbitrator.

Sanchez v. Maricopa Cnty. – 12/7/2023

January 5, 2024

Arizona Court of Appeals Division One holds that Maricopa County cannot be held vicariously liable for tortious activities of Sheriff’s deputy.

AzApp Blog Covering Arizona's Appellate Courts

Beck v. Neville – 1/9/2024

Neptune Swimming Found. v. City of Scottsdale – 2/6/2024

Date St. Cap., LLC v. Clearcover Ins. Co. – 11/21/2023

Hammer Homes, LLC v. City of Phoenix – 12/21/2023

Gray v. GC Services, LP – 12/14/2023

Sanchez v. Maricopa Cnty. – 12/7/2023

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