Arizona Appellate Blog - Osborn Maledon

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.

Workers for Resp. Dev. v. City of Tempe – 1/26/2023

February 14, 2023

The Arizona Court of Appeals, Division One, holds that an Ordinance authorizing the mayor to enter into a development agreement is a referable legislative act, and that a referendum petition strictly complies with the statute even if it deviates from the order set forth in statute, as long as all required components are present.

Shinn v. Ariz. Bd. of Exec. Clemency – 12/21/2022

February 6, 2023

Arizona Supreme Court holds that courts lack authority to enter a retroactive order modifying a criminal sentence unless there is clerical error or mistake in the record.

Wise v. Aspey, Watkins & Diesel Att’ys at Law, PLLC – 2/03/2023

February 6, 2023

The Arizona Court of Appeals Division Two holds that mere inheritors have standing to sue and recover in a wrongful death action under A.R.S. § 12-612 only when none of the statutorily named beneficiaries survive the decedent.

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