Short v. Dewald (12/28/2010)

January 12, 2011
Arizona Court of Appeals Division One Holds That An Order Dismissing Without Prejudice And Granting Leave To Re-File After the Statute of Limitations Had Run Was an Appealable Order; Defendants’ Failure To Appeal Precluded Reconsideration of the Decision To Allow Re-Filing.

Otis Smith v. Peter Beesley – 1/12/2011

January 12, 2011
Arizona Court of Appeals Division Two Holds That A.R.S. § 48-3613(D) Requires Courts to Issue an Order to Remove an Obstruction and Restore a Watercourse to its Original State if Compliance With the Statute and Authorization From the Board Cannot Be Achieved.

Dooley v. O’Brien – 12/28/2010

January 7, 2011
Arizona Court of Appeals Division One Reverses Award of Attorneys’ Fees Because Actions for Breach of a Fiduciary Duty Implied by Law, Fraudulent Conveyance, and Accounting Do Not “Aris[e] Out of a Contract” Within the Meaning of A.R.S. § 12-341.01.

Blair v. Burgener (12/29/2010)

January 6, 2011
Arizona Court of Appeals Division Two Holds That Under Rule 4.1(m), Service Is “Impracticable” and Warrants an Order for Alternate Service if It Would Be “Extremely Difficult or Inconvenient” to Effectuate.