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Arizona Court of Appeals Division One Holds That Motion to Dismiss Tort Claim for Insufficiency of Process Is Improper Collateral Attack on Probate Registrar’s Appointment of Special Administrator to Accept Service On Behalf of Estate.
Fagerlie v. Markham Contracting Co. – 5/31/2011
June 8, 2011
Arizona Court of Appeals Division One Holds That A Laborer May Assert Mechanics’ Lien Claims Against Owners of Subdivision Lots Even Though the Laborer Contracted With The Subdivision’s Developer. The Court Also Holds That The Land Owner Has The Burden To Prove The Existence of A Statutory “Cessation of Labor” Which Would Invalidate A Lien, That a Claimant May Record Corrections To an Already-Recorded Lien, And That A Lis Pendens Recorded In Connection With a Mechanics’ Lien Need Not
Arizona Court of Appeals Division Two Adopts the Doctrine of Replacement of Mortgages to Hold That when a Senior Lien Is Refinanced by the Same Lender, the New Lien Retains the Same Priority as Its Predecessor, Except to the Extent That Any Change in Terms Is Materially Prejudicial to a Junior Lienholder’s Interest.
Arizona Court of Appeals Division One Holds That (1) an Arbitration Clause in a Construction Contract Is Void or Voidable When the Contractor Did Not Possess a Contractor’s License, and (2) an Arbitration Is Not an “Action” for Purposes Awarding Attorneys’ Fees and Costs under A.R.S. §§ 12-341 and 12-341.01.
Winterbottom v. Ronan (5/26/2011)
June 3, 2011
Arizona Court of Appeals Division One Holds That the Victims’ Bill of Rights Does Not Preclude the Deposition of a Crime Victim by a Party Who Is Not the Defendant, the Defendant’s Attorney, or Another Person Acting on Behalf of the Defendant.
Arizona Court of Appeals Division One A Jury May Award Zero Damages To The Plaintiff in A Wrongful Death Suit Even When The Defendant Does Not Contest The Plaintiff’s Testimony.