Arizona Appellate Blog - Osborn Maledon

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.

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.

Editor

Andrew G. Pappas

Contributors

Jacob Abrahamian
Payslie M. Bowman
Gideon Cionelo
Brandon T. Delgado
Andrew Haynes
Allie Karpurk
BriAnne Illich Meeds
Joshua J. Messer
Michael Moorin
Stefan Oakley
Sarah Pook Lawson
Molly Walker

Editors Emeritus

Thomas L. Hudson
Joseph N. Roth
Eric M. Fraser

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