51 results for 'court:"Arizona Court Of Appeals Division One"'.
J. Perkins finds a lower court improperly ruled in favor of the Arizona Department of Revenue on a solar company's challenge to a deferred tax credit rule. The Department argued that the statutory formula method does not recognize investment tax credits until they are used to reduce income liability tax. However, the solar power facility sufficiently showed in court that investment tax credits are recognized as soon as they are claimed. Reversed.
Court: Arizona Court Of Appeals Division One, Judge: Perkins, Filed On: May 14, 2024, Case #: 1 CA-TX 22-7, Categories: Energy, Tax, Agency
J. Cruz finds a lower court properly denied the Arizona Creditors Bar Association's motion for permanent injunction challenging the newly passed Predatory Debt Collection Act aka Proposition 209. The Arizona Creditors Bar Association argued that the Act should be voided based on vagueness. However, the state voters sufficiently showed in court that the Act protects consumers with medical debt from facing bankruptcy, as well as a cap on property subject to debt collection.
Court: Arizona Court Of Appeals Division One, Judge: Cruz, Filed On: April 30, 2024, Case #: 1 CA-CV 22-765, Categories: Debt Collection, Government, Injunction
J. Thumma finds a lower court properly dismissed a homesite community's contract claims against a subdivision. The homesite community argued that it was not obligated to pay for certain lots. However, the subdivision sufficiently showed in court that the parties' agreement enforced the homesite community to pay for lots until 2027, and that it is on the hook for proportional attorney's fees. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Thumma, Filed On: April 9, 2024, Case #: 1 CA-CV 22-712, Categories: Property, Real Estate, Damages
J. Foster finds a lower court properly dismissed a consumer's negligence and premises liability claims against Circle K. The consumer argued that the convenience store was negligent for placing a case of water near the ice cream section, which she tripped over and fell, suffering elbow, neck, and back injuries. However, Circle K presented sufficient evidence in court that the case of water did not establish a dangerous condition, and that had she looked down, she would have seen the water bottles. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Foster, Filed On: April 9, 2024, Case #: 1 CA-CV 22-425, Categories: Negligence
J. McMurdie finds a lower court improperly vacated a defendant's probation extension. The defendant, who pleaded no contest to theft, argued that he was entitled to withdraw from a probation extension and revocation. However, the State presented sufficient evidence in court that he made irregular restitution payments to his victim and then perpetrated another misdemeanor crime. Vacated.
Court: Arizona Court Of Appeals Division One, Judge: McMurdie, Filed On: April 2, 2024, Case #: 1 CA-CR 21-459, Categories: Probation, Theft
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J. Catlett finds a lower court partly properly dismissed an insurance company's motion for denial of coverage for an insured driver. The driver argued that the insurance company was obligated to cover damages from a car accident she was involved in under a automobile policy and a personal liability umbrella policy. However, although the insured failed to ignite proceedings under the auto policy within the statute of limitations, she may be entitled to relief under the umbrella policy. Reversed in part.
Court: Arizona Court Of Appeals Division One, Judge: Catlett, Filed On: March 21, 2024, Case #: 1 CA-CV 23-282, Categories: Insurance, Contract
[Consolidated] J. Bailey finds a lower court properly ruled in favor of the tax authority on a power plant's challenge to a tax imposition. The power plant argued that the tax authority erred in deciding that the County's valuation and taxation of it was preempted. However, the tax authority sufficiently showed in court that previous tax levies from 2010 to 2013 barred the plant from moving ahead on its claims. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Bailey, Filed On: March 19, 2024, Case #: 1 CA-TX 20-4, Categories: Tax
J. Kiley finds a lower court improperly awarded a former caregiver worker unemployment benefits after the death of a client. The former client's care giver argued that she was entitled to benefits based on claims that she did not quit or was discharged. However, neither party had the opportunity in court to resolve whether or not she was an actual employee after the ALJ interrupted her in the proceedings. Vacated.
Court: Arizona Court Of Appeals Division One, Judge: Kiley, Filed On: March 19, 2024, Case #: 1 CA-UB 22-42, Categories: Employment, Evidence, Health Care
J. Foster finds a lower court properly convicted and sentenced a defendant on charges of three counts of aggravated assault. The defendant argued that the lower court erred in denying him a new trial for double jeopardy. However, the government sufficiently showed in court that the defendant fled the scene of a car accident after he rammed his jeep into another vehicle, which resulted in his victim becoming impaired when the impact crushed her lower leg and sternum, resulting in permanent injuries, and that the defendant's convictions are not multiplicitous for separate, numerous offenses. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Foster, Filed On: February 22, 2024, Case #: 1 CA-CR 22-487, Categories: Evidence, Assault, Double Jeopardy
J. O'Neil finds a lower court properly partly ruled in favor of a surviving spouse's wrongful death claims against a county. The surviving spouse argued that the county is not entitled to judicial immunity after it sent his wife, a constable, now deceased, to a residence of a violent offender to serve process, who shot and killed her. However, the lower court properly concluded that legislative immunity does not shield the county's decision to appoint the constable, but erred in deciding that her acts of service of a writ were not protected by judicial immunity. Reversed in part.
Court: Arizona Court Of Appeals Division One, Judge: O'Neil , Filed On: February 14, 2024, Case #: 2 CA-SA 2023-91, Categories: Employment, Immunity, Wrongful Death
J. Bailey finds a lower court properly charged a motorhome driver for death of a moving violation after he crashed into the rear-end of another driver's vehicle. The driver argued that he is entitled to relief because he rear-ended the other vehicle before entering an intersection at a red light. However, the state sufficiently showed in court that the enhanced penalty statute does not require a crash to have occurred in the middle of an intersection. Reversed.
Court: Arizona Court Of Appeals Division One, Judge: Bailey, Filed On: February 13, 2024, Case #: 1 CA-SA 23-162, Categories: Negligence, Wrongful Death
J. Cruz finds a lower court improperly ruled in favor of a cannabis dispensary on contract claims brought by an investor. The cannabis dispensary, which housed faulty equipment and diseased plants, argued that the investor is not entitled to monetary relief based on new tenancy. However, although the investor prevailed on claims for damages, the attorney's fee award is remanded for redetermination. Reversed in part.
Court: Arizona Court Of Appeals Division One, Judge: Cruz, Filed On: February 5, 2024, Case #: 1 CA-CV 21-754, Categories: Attorney Fees, Contract
J. Cattani finds a lower court properly dismissed a political action committee's challenge of a City ordinance, which gave the green light for developers to launch a construction project on a plat of land as a planned area development. The political action committee argued that their referendum petitions were not invalid due to technicality, and that the City clerk did not have the power to reject them, even though the development came to a halt in 2008. However, the original ordinance and the planned area development that was relaunched in 2022 adhered to the same design, zoning, and original land uses. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Cattani, Filed On: January 31, 2024, Case #: 1 CA-CV 23-698 EL, Categories: Administrative Law, Construction
J. Thumma finds a lower court properly dismissed a landlord's contract claims against two tenants. The landlord argued that she was entitled to make deductions from the tenants security deposit. However, the tenants presented sufficient evidence in court that they were not obligated to turn over an itemized list of deductions in order to receive their deposit, and that the landlord "wrongfully withheld" the money from them. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Thumma, Filed On: January 25, 2024, Case #: 1 CA-CV 22-579, Categories: Landlord Tenant, Contract
J. Williams finds a lower court improperly convicted a defendant for aggravated assault and negligent homicide. The government argued that the defendant fled the scene of a fatal car accident at a gas station where she ran over an unknown male who suddenly rushed toward her vehicle, which was stolen. However, the defendant presented sufficient evidence in court that she may have been justified for leaving the scene of an accident for self- defense purposes. Vacated in part.
Court: Arizona Court Of Appeals Division One, Judge: Williams, Filed On: January 25, 2024, Case #: 1 CA-CR 22-565, Categories: Evidence, Theft, Negligent Homicide
J. McMurdie finds a lower court improperly dismissed negligent misrepresentation claims brought by a housing developer against the City of Phoenix. The City argued that it was not obligated to turn over certain zoning records and land use restriction information. However, the housing developer sufficiently showed in court that the City sold him un- developable land without disclosure. Vacated.
Court: Arizona Court Of Appeals Division One, Judge: McMurdie, Filed On: December 21, 2023, Case #: 1 CA-CV 23-114, Categories: Property, Zoning, Contract
J. Furuya finds a lower court properly dismissed a group of civilians' negligence claims against a county. The civilians argued that they suffered injuries when a Deputy Sheriff rear-ended them in traffic. However, the county presented sufficient evidence in court that it is not responsible for negligent actions at the hands of Sheriff employees, based on lack of a "principle- agent relationship" between the parties. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Furuya, Filed On: December 7, 2023, Case #: 1 CA-CV 22-572, Categories: Negligence
J. Brown finds a lower court improperly dismissed a former child inmate's motion to file sexual abuse claims against a female juvenile corrections officer. The State argued that his notice of claims are time- barred. However, he presented sufficient evidence in court that House Bill 2466 grants victims of sexual abuse an extension on claims that are barred by the passage of time. Vacated.
Court: Arizona Court Of Appeals Division One, Judge: Brown, Filed On: December 5, 2023, Case #: 1 CA-CV 21-684, Categories: Civil Rights, Employment, Evidence
J. Howe finds a lower court properly convicted a defendant for sexual conduct with a minor and aggravated assault. The defendant, who repeatedly sexually abused his daughter over a year and a half, argued that the lower court erred in imposing consecutive sentences of life in prison. However, the State presented sufficient evidence in court that he intentionally and knowingly committed his crimes against a child under 15. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Howe, Filed On: December 5, 2023, Case #: 1 CA-CR 22-377, Categories: Evidence, Sex Offender, Child Victims
J. Jacobs finds a lower court improperly denied a police officer's motion to dismiss a civilian's personal injury claims. The civilian argued that the police officer was vicariously liable when he hit him with a patrol car as he rode his bike across a crosswalk, which resulted in injuries. However, the police officer sufficiently showed in court that the civilian breached traffic rules when he failed to yield the right-of-way near a traffic-control device, and that he failed to state a specific settlement amount for his injuries. Reversed.
Court: Arizona Court Of Appeals Division One, Judge: Jacobs, Filed On: October 31, 2023, Case #: 1 CA-SA 23-154, Categories: Tort, Negligence
J. Williams finds the tax court improperly granted summary judgment in favor of a gas and electric company concerning the state's assessment of property taxes. The gas and electric company argued that it is entitled to include a depreciation calculation of future costs to remove electric transmission and distribution properties. However, the state sufficiently showed in court that accumulated depreciation does not reduce the full cash value to a negative number. Reversed.
Court: Arizona Court Of Appeals Division One, Judge: Williams, Filed On: October 24, 2023, Case #: 1 CA-TX 21-8, Categories: Property, Tax
J. Brown finds a lower court properly imposed a father's obligation to pay child support. The father argued that the lower court erred in imposing extra monetary relief based on an agreement he had with his former spouse. However, the mother is entitled to support based on her sole decision making status, which entitles her to $998 per month. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Brown, Filed On: October 10, 2023, Case #: 1 CA-CV 22-451 FC, Categories: Family Law
J. Brown finds a lower court properly dismissed a father's challenge to a ruling in favor of his ex-wife. The father argued that the lower court erred in imposing unpaid child support. However, the ex-wife presented sufficient evidence in court that he failed to pay interest on his legal obligation to support the child. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Brown, Filed On: October 10, 2023, Case #: 1 CA-CV 22-541, Categories: Family Law
J. Williams finds a lower court properly dismissed an estate administrator's tort claims against a tribal member. The estate administrator argued that an enrolled tribal member is obligated to face claims in State court. However, the estate administrator, a non- tribal member, may not file claims against a "nonconsenting enrolled tribal member" for actions that took place on a State highway near his reservation based on lack of subject matter jurisdiction. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Williams, Filed On: October 5, 2023, Case #: 1 CA-CV 22-709, Categories: Tort, Native Americans, Wrongful Death
J. Bailey finds a lower court improperly ruled a defendant was entitled to pursue ineffective counsel claims against the State. The defendant, who was charged on six counts of sexual conduct of a minor and one count of public sexual indecency, argued that he is entitled to relief on his innocence claim and that he was provided with inadequate representation. However, the government presented sufficient evidence in court that his ineffective counsel claims are precluded by his allegations of complete denial of counsel. Reversed.
Court: Arizona Court Of Appeals Division One, Judge: Bailey, Filed On: September 26, 2023, Case #: 1 CA-CR 22-174, Categories: Sex Offender
J. Perkins finds a lower court partly, improperly instructed a fiduciary services company to reimburse fees imposed on a conservatorship of a ward's estate, who lacks capacity to make compensation decisions. The fiduciary services company argued that the lower court properly awarded its request for fees. However, the conservator presented sufficient evidence in court that the fiduciary services company is obligated to reimburse fees for failure to submit notice for non-compliance, which precludes compensation. Reversed.
Court: Arizona Court Of Appeals Division One, Judge: Perkins, Filed On: September 21, 2023, Case #: 1 CA-CV 22-429, Categories: Evidence, Fiduciary Duty, Attorney Fees
J. Cattlett finds a lower court properly dismissed an insurance company's denial of coverage concerning a design engineer's death by Covid-19. The insurance company argued that the design engineer's widow is not entitled for compensatory relief. However, the engineer's widow presented sufficient evidence in court that her deceased husband contracted the virus from a co-worker while on duty, which entitles her compensable relief under Arizona's workers' compensation requirements. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Catlett, Filed On: September 21, 2023, Case #: 1 CA-IC 22-38, Categories: Insurance, Covid-19, Workers' Compensation