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Administrative update – 5/1/2018
May 1, 2018
New Division One panels announced.
Bocchino v. Fountain Shadows Homeowners Ass’n – 4/3/2018
April 17, 2018
Arizona Court of Appeals Division One holds that homeowners association (“HOA”) may not unilaterally assess attorney fees against homeowner where HOA did not seek attorney fees and no attorney fees were assessed by the court.
Glenn H. v. Hoskins – 4/3/2018
April 9, 2018
The Arizona Court of Appeals Division One holds that a superior court lacks subject matter jurisdiction to grant ex parte oral requests via an emergency hotline where no complaint or petition has been filed and the procedure has not been specifically authorized by statute or rule.
Ansley v. Banner Health Network – 4/3/2018
April 9, 2018
Ansley v. Banner Health Network - 4/3/2018
Arizona Court of Appeals Division One holds that a hospital that accepts payment from AHCCCS on behalf of a patient may not impose a lien on the patient’s tort recovery for the balance between what AHCCCS paid and what the hospital customarily charges.
Armiros v. Rohr – 3/8/2018
April 5, 2018
Arizona Court of Appeals Division One holds that a contract is formed when a buyer clicks the “Buy It Now” button on eBay.
Arizona Court of Appeals Division One holds that a party who brings suit to enforce a liquidated damages clause of a contract that also creates an open account must comply with the six-year statute of limitations on written contract claims and not the three-year statute of limitations on open accounts.