Arizona Appellate Blog - Osborn Maledon

In re the Estate of Frances B Lewis – 3/29/2012

April 17, 2012

Arizona Court of Appeals Division Two Holds That a Trial Court Cannot Dismiss a Party’s Claims for Failure to Make a Court-Ordered Appearance at a Pretrial Conference Absent Willful or Deliberate Disregard.

Gold v. Helvetica Servicing, Inc. (4/3/2012)

April 11, 2012

Arizona Court of Appeals Division One Holds That (1) A.R.S. § 12-1566(C) Eliminates All Rights of Redemption When Any Debtor Applies for A Fair Market Value Determination.

D’Amico v. Structural I Company – 4/3/2012

April 11, 2012

Arizona Court of Appeals Division One Holds that the Psychologist-Patient Privilege Belongs Personally to the Patient and May Not Be Asserted by Other Parties and that Awards of Treble Damages Under A.R.S. § 23-355(A) Are Left to the Discretion of the Superior Court.

Amanti Electric, Inc. v. Engineered Structures, Inc. – 3/28/2012

April 3, 2012

Arizona Court of Appeals Division Two Holds That Superior Court Abused Its Discretion in Denying Motion for Relief from Judgment Under Rule of Civil Procedure 60(c)(6) Without Considering the Totality of the Equitable Circumstances.

Best v. Miranda – 3/15/2012

April 2, 2012

Arizona Court of Appeals Division One Holds that Courts Will Narrowly Construe Option Contracts and that the Duty of Good Faith and Fair Dealing Does Not Require a Party to Accept an Attempt to Exercise an Option Contract that Fails to Comply With the Terms of the Contract.

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.

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