Arizona Appellate Blog - Osborn Maledon

Olewin v. Nobel Mfg., LLC – 01/05/2023

February 27, 2023

The Court of Appeals Division One holds that neither an involuntary dismissal for failure to prosecute nor a stipulated discontinuance of an action on the same claim constitutes an adjudication on the merits having claim preclusion effect under the two-dismissal rule.

Event Announcement: Making an Appellate Record – 3/6/2023

February 27, 2023

State Bar CLE program covering making a good appellate record.

Worldwide Jet Charter, Inc. v. Toulatos – 12/15/2022

February 24, 2023

The Court of Appeals Division One holds that the one-year statute of limitations in A.R.S. § 12-541(3) applies to an action to recover a debt created by the breach of an employment contract.

Doe v. Roman Cath. Church of the Diocese of Phx. – 02/03/2023

February 20, 2023

The Court of Appeals, Division Two, holds that a claim that is already time-barred at the time a bankruptcy debtor seeks bankruptcy protection does not become part of the bankruptcy estate.

Lake v. Hobbs – 2/16/2023

February 20, 2023

Arizona Court of Appeals, Division One, affirms ruling confirming Hobbs's election as governor, holding that clear and convincing evidence is the burden of proof in an election contest, that proof that alleged official misconduct actually affected the results is required, and that misconduct need not be intentional to support an election contest.

Defs. of Wildlife v. Ariz. Navigable Stream Adjudication Comm’n, – 2/7/2023

February 14, 2023

Arizona Court of Appeals, Division One, holds that in the navigability-for-title context, a river’s susceptibility to use as a highway for commerce must be based on commercial use.

AzApp Blog Covering Arizona's Appellate Courts

Olewin v. Nobel Mfg., LLC – 01/05/2023

Event Announcement: Making an Appellate Record – 3/6/2023

Worldwide Jet Charter, Inc. v. Toulatos – 12/15/2022

Doe v. Roman Cath. Church of the Diocese of Phx. – 02/03/2023

Lake v. Hobbs – 2/16/2023

Defs. of Wildlife v. Ariz. Navigable Stream Adjudication Comm’n, – 2/7/2023

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