Category Arizona Court of Appeals

Coburn v. Rhodig (Arizona Court of Appeals Case No. 1 CA-CV 16-0399 FC, filed Aug. 3, 2017)

When a divorce decree says its spousal maintenance terms shall not be modified, Arizona law prohibits a court from exercising jurisdiction to modify or terminate the decree’s spousal maintenance terms. See A.R.S. § 25-317(G). In this case, the Arizona Court of Appeals held A.R.S. § 25-317(G)’s jurisdictional bar does not prevent a party to a divorce decree […]

Spring v. Bradford (Arizona Court of Appeals Case No. 1 CA-CV 15-0505, filed Jan. 12, 2017)

Can a trial court exclude an expert witness from hearing or otherwise reviewing the trial testimony of other witnesses? That is the issue the Arizona Court of Appeals addressed in this medical malpractice case. The court held the “rule of exclusion of witnesses” contained in Rule 615 of the Arizona Rules of Evidence, which generally requires […]

Hayward v. Arizona Central Credit Union (Arizona Court of Appeals Case No. 1 CA-CV 15-0450, filed Jan. 10, 2017)

What do you do when you successfully sue the dealership that sold you a car, but the dealership goes out of business without paying the full amount of the judgment you obtained against it? In this case, you sue the credit union that bought the installment sales contract that was the basis for your successful […]

Romero v. Hasan (Arizona Court of Appeals Case No. 1 CA-CV 15-0508, filed Jan. 5, 2017)

In this appeal from the dismissal of a medical malpractice case, the Arizona Court of Appeals addressed the issue of whether a patient filing a medical malpractice claim can circumvent A.R.S. § 12-2603’s requirement regarding a preliminary expert opinion affidavit by requesting an evidentiary hearing at which the patient’s treating physicians could testify regarding the information required […]

Coulter v. Grant Thornton, LLP (Arizona Court of Appeals Case No. 1 CA-CV 14-0625, filed 1/3/2017)

In this civil appeal, the Arizona Court of Appeals addressed an issue of first impression in Arizona: When does a cause of action for accounting malpractice accrue? The court of appeals held that, “[c]onsistent with the discovery rule, . . . determining the accrual date is a fact-based inquiry that turns on when a party knew or […]

Harper v. State of Arizona (Arizona Court of Appeals Case No. 1 CA-CV 15-0519, filed 12/27/2016)

In this employment law case, the Arizona Court of Appeals affirmed the Rule 12(b)(6) dismissal of the statutory and common law wrongful termination claims asserted by five former employees of Child Protective Services (CPS) against the State of Arizona. In 2011, CPS had a backlog of “unassigned” reports involving child abuse and neglect. The plaintiffs in this case, who were part […]