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CUNNINGHAM, J.
Appellant commenced this action upon a bond given by J. Taylor Bradley as principal and the other appellees as sureties, under date of October 8, 1907, binding themselves jointly, severally and individually to the appellant in the penal sum of $2,500, with 10 per cent in ease of suit on the bond, to be p... | [
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CUNNINGHAM, J.
This is a statutory action in the nature of an action in ejectment for the recovery of real estate. In such actions the complainant or plaintiff must recover on the strength of his own title. Paragraph 4110, Ariz. Rev. Stats. 1901. The common source of the title involved is through Joseph H. Holmes. The ... | [
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FRANKLIN, C. J.
Appellant was convicted of the crime of grand larceny and sentenced to serve a term in the state prison. On application hy the appellant, the learned judge of the trial court granted a certificate of probable casue for an appeal to this court. The case is now here for review on an appeal from the judgme... | [
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CUNNINGHAM, J.
Upon the trial the controversy centered about the terms and conditions of the Sharples-Duvall contract of April 12, 1907, the defendant contending that Sharpies purchased 150,000 shares of the Cerro Cobre Development Company’s treasury stock, paying therefor 10 cents per share, or $15,000, and, as an ind... | [
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CUNNINGHAM, J.
Reference to the parties will be made as they appeared in the complaint, as plaintiffs and defendant, for convenience.
The theory of the cause as presented by the complaint is that Patrick Cunningham acquired and owned an undivided one-half interest in the 17 mines with Martin Costello; that Costello hel... | [
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FRANKLIN, C. J.
This is an action to recover the possession of certain personal property, with damages for wrongful detention. The appellee had judgment, and the appeal is from the judgment and order overruling appellant’s motion for a new trial.
It is- urged that this court has no jurisdiction to review this ease beca... | [
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FRANKLIN, G. J.
The appellee had judgment against the appellant for the restitution of certain lands and premises. The certificate of the clerk of the court below shows that judgment was rendered January 28, 1913, on which day, appellant’s motion for a new trial being denied, he gave notice of appeal to this court; tha... | [
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CUNNINGHAM, J.
The defendant admits the execution and the delivery of the written instrument sued upon, and admits that the subscription contracts procured aggregated $60,000, admits that the corporation for whose benefit and use the subscription contracts were solicited, procured, executed and delivered was organized,... | [
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ROSS, C. J.
The petitioner, Knox Laird, was serving in the state prison a term of not less than ten years commencing September 29, 1913, as punishment, after conviction, of the crime of murder. On February 25, 1915, the Governor of the state granted him an unconditional pardon. He accepted the pardon, but the appellee,... | [
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ROS-S, J.
The appellant was convicted of the crime of murder and sentenced to life imprisonment. He appeals and assigns two errors.
His first assignment is: “The court erred in overruling the objection made on the trial by the defendant, to the competency, as a witness, of one Mary Wolsey, an Apache-Mohave Indian squaw... | [
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ROSS, J.
This action was commenced by the appellee as plaintiff, January 23, 1914, against the board of supervisors of Yavapai county for the purpose of restraining such board from calling an election to be held upon the question of authorizing the county to create an indebtedness by an issue of the bonds of the county... | [
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ROSS, C. J.
The appellee, plaintiff below, instituted this action against the appellant, the defendant below, on November 7, 1912, for his services as a broker or middleman under a contract dated November 16, 1910. The contract, which is in the form of a letter from appellant to appellee, was set out in the complaint, ... | [
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ROSS, J.
The appellant complains of the ruling of the court in sustaining demurrers and entering judgment of dis missal. The reason given by the court for sustaining demurrers was “that the plaintiff has nowhere in his complaint offered to do equity,” and upon plaintiff’s refusal, after permission was granted by the co... | [
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ROSS, J.
The appellee sued the appellant for a balance of $3,176.54, alleged to be due him on a written contract, by the terms of which the plaintiff agreed to repair and put into condition a designated portion of defendant’s canal, for which he was to receive $5,000. The complaint contains two counts; one count on the... | [
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ROSS, J.
The defendant was convicted of statutory rape alleged to have been committed on his stepdaughter, Katie Massie, 12 years old. He appeals from the judgment of conviction, and assigns 14 errors. He argues the errors under five separate heads, and we will consider them as they have been argued.
First. He insists ... | [
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ROSS, C. J.
The appellant, as plaintiff, sued for damages for personal injuries received while in the employ of the defendant city as a driver of one of its street-sprinkling carts.
The negligence charged in the complaint is that the defendant city knowingly furnished plaintiff a fractious, unruly and unmanageable team... | [
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CUNNINGHAM, J.
In describing the character of this instrument in Houck v. Anderson, 14 Ariz. 502, 131 Pac. 975, we said the instrument “is reciprocal in its terms in that each (party thereto) purports to give all his interest in the common property to the other, effective upon his death, with remainder over after the s... | [
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FEANKLIN, J.
This is an action to foreclose a statutory lien for labor performed upon and materials furnished for a certain group of mining claims owned by the appellant, Oceanic Gold Mining Company, a corporation. The appellee brought this action as the assignee of certain persons whom he claims performed such labor a... | [
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ROSS, C. J.
This case grows out of the case just decided, No. 1419 (ante, p. 395, 146 Pac. 504), wherein the ArizonaParral Mining Company was appellant and the present appellant was appellee. The appellant Forbes, who was plaintiff below, as stated in that case, had sued for broker’s commission. At the time of institut... | [
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O’CONNOR, J.
The appellee, Howard Sheep Company, commenced this action to establish its rights to the waters flowing in Spring Valley Wash at flood seasons, and impounded by it in Howard Lake and appropriated to use in stock-raising, and for the purpose of restraining the appellant, J. F. Daggs, from diverting such flo... | [
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ROSS, J.
The appellant mining company, as shown by its complaint, is the owner of two groups of mines situate in the Globe Mining District, Gila county, Arizona, to wit, the Inspiration Group, consisting of 36 patented mines, and the Live Oak Group, consisting of 15 patented mines. These mines are low-grade copper mine... | [
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ROSS, J.
The appellant and Federico Merino and Brigido Lira were accused by the same information with the larceny of a cow. Appellant demanded a separate trial. He was convicted and sentenced to the penitentiary. He appeals from the order overruling his motion for a new trial, and from the judgment.
The facts in brief ... | [
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ROSS, J.
The defendants in error were the plaintiffs in the trial court, and, in addition to the above-named plaintiffs in error, J. EL Root, Phil C. Merrill, Sheriff S. Marshall, Glen Root, David W. Cluff, Alfred M. Cluff, David Johnson, Kate Martin, John D. Goodman, William A. Clark, H. W. Heinan, William Williams, J... | [
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CUNNINGHAM, J.
This action was commenced by the appellant to recover $20,000 damages for the conversion of 2,000 tons of ore alleged to have been the property of the plaintiff. It is alleged that the ore had been mined and severed from certain mines, and was placed upon the surface of the ground adjacent to and in the ... | [
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ROSS, C. J.
The plaintiff appellee, as the assignee and legal owner and holder of a real estate mortgage, brought this action to foreclose on the mortgaged property which had, by mesne conveyance from the mortgagor, come into the ownership and possession of defendant appellant. The mortgage was given on January 31, 190... | [
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CUNNINGHAM, J.
The appellant was arrested February 16, 1914, upon a complaint charging him with the commission of the crime of burglary on or about the 15th day of February, 1914. The defendant was taken before the justice of the peace who issued the warrant, immediately upon his arrest, for the purpose of a preliminar... | [
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CUNNINGHAM, J.
The complaint of appellants sets forth two grounds or causes of action upon which their right to recover is based: First. Upon the grounds that the annual assessment work for the year 1911 was commenced upon the Golden Eagle group during that year by J. T. McDonald, as the agent or representative of plai... | [
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FRANKLIN, C. J.
Action for the alleged breach of a contract. There was a prayer for judgment in the sum of $3,707.03. The appellant set up a counterclaim in the action based on a breach of the contract sued on, and prayed for-judgment in the sum of $614. The case was tried to a jury, which returned a verdict in favor o... | [
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CUNNINGHAM, J.
The parties have stipulated that the record consists of the complaint, answer, judgment, motion for new trial, notice of appeal and the stipulation signed by the attorneys for the respective parties and approved by the trial judge. The stipulation contains this provision:
“It is further stipulated and ag... | [
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ROSS, J.
The appellant, who was the plaintiff below, brought her action against the appellees, defendants below, in general assumpsit on the common count for money lent without giving the date of any of the loans. The allegations were:
“That the plaintiff lent to the defendants, at their request, at different times, di... | [
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BOSS, C. J.
The foregoing statement discloses that this is an action in equity, and that, as is usual in such actions, many issues and questions of fact are necessarily involved. The legislature, whether wisely or unwisely, it is not for us to say, in the revision of our laws affecting verdicts of juries, inserted a ne... | [
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ROSS, J.
Suit by appellant on a note for $300, and interest, and for moneys loaned and money had and received. Answer admitted execution of note, and alleged that, at the time of its delivery, the appellant was negotiating with ap pellee the purchase of some mines, and that the $300 evidenced by note was an advancement... | [
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PER CURIAM.
The facts in this case are on all-fours with the facts in Foltz v. Noon, ante, p. 410, 146 Pac. 510, just decided. The decision in that case is necessarily determinative of this ease.
Therefore the judgment is affirmed. | [
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PER CURIAM.
Judgment in this case was rendered on November 20, 1912, and on the same day a motion for a new trial was made and denied. On November 18, 1913, a writ of error was sued out to have the judgment and order reviewed by this court.
The law which went into effect October 1, 1913, provides that a judgment or ord... | [
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SMITH, J.
This cause originated in the superior court of Apache county and was removed to the superior court of Navajo county upon change of Venue.
This is an action ex contractu. The cause was tried upon the amended complaint of plaintiffs and appellees, answer of defendant and appellant to- plaintiffs’ amended compla... | [
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PER CURIAM.
These appellants were jointly charged by information with Genoveno Lujan with the crime of grand larceny.
The evidence is practically the same as in the Lujan case, just decided. The instruction complained of, if possible, is more inviting to criticism than the one in the Lujan case (ante, p. 123, 141 Pac. ... | [
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PER CURIAM.
The appellant, Louis Gherna, appeals from a judgment of conviction of selling intoxicating liquor, to wit, a bottle of whisky, on . January 1, 1915, in violation of the prohibition amendment to the state Constitution. The initiative petition by the qualified electors of the state for the proposed amendment ... | [
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PER CURIAM.
Action on note given for purchase price of lot in Willcox, Cochise county, and to foreclose mortgage security." Judgment for defendant in error, who was plaintiff below.
The judgment was entered January 17, 1913. Motion for new trial was overruled February 21, 1913, on which day defendant gave notice of app... | [
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ROSS, C. J.
Appellant, as the assignee of numerous laborers who worked upon appellee’s mining claims, instituted this action for the purpose of fastening a miner’s lien upon said mining claims. The important allegations of the complaint are: that appellee is the owner of mining claims; that on March 6, 1912, he entered... | [
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FRANKLIN, C. J.
On the preliminary examination of one William Blake, charged with a publie offense, a justice of the peace of one of the precincts in Greenlee county, sitting as a committing magistrate, held the said Blake to answer the charge of grand larceny. The magistrate by whom the said Blake was so held admitted... | [
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CUNNINGHAM, J.
This appeal is prosecuted from an order refusing to discharge appellant upon habeas corpus. The appellant was charged by information with one Yoshida of an assault with intent to kill one Wing Lee with a knife. Tiie information was filed September 13, 1912. Appellant was arraigned on September 14, 1912, ... | [
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CUNNINGHAM, J.
The pleadings and the contract sued upon are, in all essential particulars, the same as appear in the case of Hurley v. Young Men’s Christian Assn., ante, p. 26, 140 Pac. 816, just decided, and the rules of law therein recognized control this cause, also.
The judgment is affirmed.
FRANKLIN, C. J., and RO... | [
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FRANKLIN, C. J.
Judgment was rendered in the court below on July 19, 1913, and on September 20, 1913, a motion for a new trial was denied, at which time notice of appeal to the supreme court was given. A supersedeas bond was filed on September 27, 1913.
The1 certificate of the clerk of the court below shows these facts... | [
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FEANKLIN, C. J.
The appellee W. H. Otterson had a contract with the appellant, the Tube City Mining and Milling Company, for the hauling of fuel oil from Casa Grande to certain mining property of the appellant situate in Pinal county. Having hauled and delivered the oil pursuant to the contract, and the company refusin... | [
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ROSS, J.
Appeal from an order of allowance and settlement of guardian’s account and from an order authorizing and directing the guardian to sell real estate of the ward. In 1906 'the appellee married May Harris, the mother of Emma J. Harris who was then about ten years old. The mother, May Harris Lyon, died June or Jul... | [
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ROSS, J.
This appeal is prosecuted from a judgment of conviction of the crime of extortion. Complaint is made of errors (1) in overruling a demurrer to the information for insufficient facts to constitute the offense of extortion; (2) the admission of evidence over objection; and (3) the giving of erroneous instruction... | [
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CUNNINGHAM, J.
The appellant summarizes the issues as follows: ‘ ‘ The real issues were: . . . How much water are appellees entitled to the use of, and when are they entitled to its use.”
One fact is settled beyond dispute, and that fact is that the appellees are entitled as a right to the amount of flood waters needed... | [
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ROSS, J.
This is an action to try the title to personal property under the provisions of paragraphs 1648 et seq., ‘Civil Code of 1913.
On the 24th day of May, 1912, and for some time theretofore, J. J. Nolte was the owner of and carrying on a bakery and confectionery business in the city of Tucson. On that day he trans... | [
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CUNNING-HAM, J.
It is the duty of the trial court to declare the law applicable to the state of facts disclosed by the evidence upon the trial. The jury must decide the facts and render a verdict in accordance with the law as declared by the court applicable to the -facts found. In this case it became the duty of the c... | [
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CUNNINGHAM, J.
The respondents’ return to the warrant issued in this case was deemed and treated by the parties and the court as denied, and the issues tried as-upon a return to the writ of habeas corpus. No question was raised upon the sufficiency of the denial to raise issues for trial. The petitioner, this appellant... | [
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COOPER, J.—On
the 29th of June, 1911, T. R. L. Daughtrey filed a complaint in the superior court of Yavapai county against Hermosa Lead and Zinc Company, a corporation, and others. His complaint, which is quite lengthy, sets forth, in substance, that at the special instance and request of defendants plaintiff undertook... | [
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CUNNINGHAM, J.
The appellant was convicted of murder of the first degree, and the death penalty affixed. From the judgment of conviction, and from an order refusing a new trial, he appeals. He assigns the rejection of evidence offered hy appellant, the admission of evidence over the objection of appellant, the miscondu... | [
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ROSS, J.
The petitioner was tried and convicted in the justice’s court of Glendale precinct, Maricopa county, March 14, 1914, on four separate and distinct complaints charging him with four separate and distinct misdemeanors in selling intoxicating liquors in a local option district, to wit, Glendale. In each ease he w... | [
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PER CURIAM.
This is an action brought to restrain the Secretary of State from certifying and causing to be printed ■on the official ballot at the election to be held on November 3, 1914, an initiated measure to create and organize Miami ■county. The complaint alleges:
‘ ‘ That the said proposed initiative bill is legal... | [
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CUNNINGHAM, J.
The record here on appeal consists of an agreed statement of the case, and such of the proceedings'therein as in the opinion of the parties is sufficient to enable this court to determine whether there has been any error in the judgment. The judge before whom the cause was tried has approved the same, an... | [
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HAYS, Chief Justice.
The defendant, Richard Allen Rogers, pleaded guilty to the crime of possession of dangerous drugs for sale. He was sentenced to not less than four nor more than seven years in prison. The only issue raised in his brief is whether the sentence was excessive.
The only things that appear in the record... | [
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HAYS, Chief Justice.
Pursuant to a plea bargain, the defendant, James Montgomery, pleaded guilty to possession of heroin, and received a sentence of not less than five nor more than seven years, to run concurrently with the sentence which defendant was then serving in another case. His appeal raises only one issue — na... | [
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CAMERON, Vice Chief Justice.
This is an appeal from a judgment of guilty to the crime of offering to sell a narcotic drug, § 36-1002.02 A.R.S., and a sentence of not less than five nor more than seven years thereon.
Although defendant raises several questions on appeal, we feel it necessary to consider only one and tha... | [
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HOLOHAN, Justice.
The defendant, Thomas Bowling Tyree, was charged by an indictment in 5 counts for the sale of narcotics and dangerous drugs and possession of dangerous drugs for sale. As a result of a plea bargain two counts of the indictment which charged the sale of heroin and the unlawful possession of a dangerous... | [
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LOCKWOOD, Justice:
Petitioners, employees of the Department of Public Safety as law enforcement officers, brought suit against the acting director of the Department, James J. Hegarty and the State of Arizona. The Pima County Superior Court denied a motion by the State to dismiss the complaint for failure to state a cla... | [
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HOLOHAN, Justice.
The defendant, Joseph Nathan Evans, was found guilty, after a jury trial, of assault with intent to commit robbery, with a prior conviction. He was sentenced to ten years’ probation conditioned upon serving eight to ten years in the state prison.
The facts necessary for determination of this appeal ar... | [
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HAYS, Chief Justice.
The defendant, Charles Wesley Roach, appeals from a judgment of guilt on two separate counts: (1) unlawful sale of a dangerous drug, seconal, in violation of ARS §§ 32-1970, subsec. B, as amended, and 32-1996, subsec. C, and (2) unlawful sale of marijuana, in violation of ARS § 36-1002.07. Defendan... | [
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LOCKWOOD, Justice:
The appellant in this case was charged with commission of first degree rape and with two counts of having been previously convicted of other felonies. After a jury trial, the appellant was found guilty of the rape count only. The other two counts of prior felony convictions had not been urged before ... | [
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CAMERON, Vice Chief Justice.
This is an appeal from a judgment entered on defendant’s plea of guilty.to the crime of theft from the person, § 13-661, subsec. A A.R.S., and a sentence thereon of three to five years.
We are asked to answer only one question on appeal and that is: Was there a sufficient factual basis for ... | [
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HAYS, Chief Justice.
The Yuma County Attorney filed a petition for special action with this court, alleging that the Honorable John A. McGuire had improperly granted a motion to suppress in the rape prosecution of Oscar Charles Williams, Jr. Williams is charged with forcible rape with a prior conviction for the October... | [
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CAMERON, Vice Chief Justice.
This is an appeal from a jury verdict and a judgment of guilt to the crime of assault with a deadly weapon, § 13-249 A.R. S., and a sentence of not less than six years nor more than nine years in the Arizona State Prison.
We are asked to answer the following questions on appeal:
1. Was the ... | [
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LOCKWOOD, Justice:
Defendant Andrew Noble was convicted of armed robbery and sentenced to a term of not less than ten nor more than twelve years in the Arizona State Prison. From this he appeals.
The pertinent facts are as follows: The defendant was charged with the armed robbery of the Dana Brothers Gas Station, of wh... | [
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HOLOHAN, Justice.
Petitioners seek intervention in a lawsuit filed by the City of Nogales and two of its taxpayers, which lawsuit sought to have the act creating the Public Safety Personnel Retirement System declared unconstitutional. All parties to the original action objected to the intervention of petitioners, and t... | [
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STRUCKMEYER, Justice.
This matter comes to us on a motion for review of an opinion of the Court of Appeals, Department B, which affirmed in part and reversed in part a decree of divorce. Opinion of the Court of Appeals, 17 Ariz.App. 280, 497 P.2d 396 (1972), approved as supplemented herein.
Since every question raised ... | [
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HAYS, Chief Justice.
Fred Anthony Boccelli petitions this court for a special action to prohibit the State of Arizona and the Superior Court of Pima County from proceeding with his trial. Petitioner’s motion to dismiss in Superior Court was denied on January 8, 1973, and his writ of special action in the Court of Appea... | [
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LOCKWOOD, Justice:
This case is before us on a petition for review of a Court of Appeals opinion reported at 16 Ariz.App. 533, 494 P.2d 733 (1972). The opinion of the Court of Appeals is vacated;' the judgment of the Superior Court is reversed; and the case is remanded for a new trial consistent with this opinion.
The ... | [
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OPINION
PATTERSON, Judge.
¶ 1 Under Arizona Revised Statutes (A.R.S.) § 43-1001(2) (1998 and Supp.2000), the Arizona gross incomes of state and local employees, like those of federal employees and all other Arizona individual income taxpayers, are deemed to be the same amounts that are calculated as their adjusted gros... | [
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OPINION
JONES, Vice Chief Justice.
¶ 1 We granted review and consolidated these cases in order to resolve a conflict between Divisions One and Two of the court of appeals concerning the sentencing provisions of Proposition 200, an initiative measure adopted by the voters of Arizona in 1996. The question is whether the ... | [
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OPINION
ZLAKET, Chief Justice.
¶ 1 The Honorable Alfredo C. Marquez of the United States District Court for the District of Arizona has certified two questions of Arizona law to this court, reformulated as follows:
1. Whether a claim for punitive damages survives the death of a tortfeasor and may be pursued against his... | [
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OPINION
HATHAWAY, Chief Judge.
Appellant operates The Owl Bookstore, an adult bookstore on Grand Avenue in Phoenix, Arizona. It wishes to relocate the business to another address on the opposite side of Grand Avenue. Both sites are zoned C-3, a general commercial zoning designation for intensive commercial uses. Phoeni... | [
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CAMERON, Justice.
The defendant (petitioner), David T. Hinson, is charged with four counts of driving while intoxicated (DWI) and three counts of driving with a blood alcohol content in excess of .10 percent. A.R.S. § 28-692. The charges were all class 5 felonies, as petitioner has two prior DWI convictions. A.R.S. § 2... | [
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OPINION
FERNANDEZ, Judge.
Appellants Harry, Helen and Mark Sullivan appeal from the trial court’s ruling that they are entitled to actual damages only, contending that the Arizona Racketeering Act, and specifically A.R.S. § 13-2314(A), requires that they be awarded treble damages. Appellees Metro Productions, Inc., Pro... | [
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CAMERON, Justice.
Defendant, Terry Lynn McCutcheon, was convicted of armed burglary, A.R.S. § 13-1508, seven counts armed robbery, A.R.S. § 13-1904, and nine counts of kidnapping, A.R.S. § 13-1304. He was sentenced to serve fifteen years on the armed burglary count; life on each armed robbery count; and twenty-one year... | [
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OPINION
RICHARD M. DAVIS, Judge Pro Tern.
The plaintiff-appellant in this litigation seeks to enforce a former employee’s covenant not to use employment-derived customer information, a covenant not to compete, and a provision specifying liquidated damages for breach. One of our tasks is to apply principles expressed by... | [
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GORDON, Vice Chief Justice.
This special action raises novel and complex questions with regard to grandparents’ rights in the disposition of their parentless grandchildren. The particular issues that we must address are: did the juvenile court commit reversible error by denying the grandmother’s motion to intervene in ... | [
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OPINION
FIDEL, Judge.
¶ 1 Appellant Gary Martin McKeon, convicted of two counts of first-degree murder and one count of first-degree burglary, claims on appeal that the trial court erred in instructing the jury that his asserted intoxication from the use of prescribed medication was “not a defense for any criminal act ... | [
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CAMERON, Justice.
This is a petition for review of a decision and opinion of the court of appeals which affirmed a jury award of compensatory damages for bad faith against Nationwide Life Insurance Company, but reversed the award of two million dollars in punitive damages. Linthicum v. Nationwide Life Insurance Company... | [
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HAYS, Justice.
University Mechanical Contractors of Arizona, Inc. (University), has petitioned this court for review of the appeals court’s decision in University Mechanical Contractors of Arizona, Inc. v. Puritan Insurance Co., 150 Ariz. 337, 723 P.2d 686 (1985). That opinion reversed a trial court action which entere... | [
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OPINION
HAIRE, Judge.
The primary issue in this appeal is whether the superior court properly enjoined the Arizona Department of Transportation (Department) from revoking the driver’s license of appellee, Jack Bade (Bade).
Bade was previously convicted in 1983 of driving while under the influence of intoxicating liquor... | [
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LOCKWOOD, Justice:
This is an appeal by Robert Stevenson, from the Superior Court’s denial of his petition for Writ of Habeas Corpus.
In 1964 the appellant, convicted of first: degree murder, was committed to the Arizona State Prison for life. The appellant; filed an Application for Commutation of Sentence with the Ari... | [
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HAYS, Chief Justice.
Defendant, Charles Edward Byrd, was found guilty by a jury, of the crime of robbery, and was sentenced to not less than five nor more than six years in jail. He appeals from the judgment and sentence.
The facts indicate that one Jimmie Moore got into his car in the early morning hours of April 4, 1... | [
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CAMERON, Vice Chief Justice.
This is an appeal from a judgment of guilty to the crime of transportation of marijuana, § 36-1002.07 A.R.S., and a sentence thereon of from ten years to life imprisonment.
We are asked to answer the following questions on appeal:
1. Does the evidence support conviction for transportation o... | [
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OPINION
BARKER, Judge.
¶ 1 Adam P., a juvenile, appeals from the juvenile court’s adjudication entered on January 17, 2001 and the disposition entered on March 14, 2001. The juvenile filed a timely notice of appeal on March 23, 2001.
¶ 2 The issue presented in this opinion is whether a golf cart is a “means of transpor... | [
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OPINION
DRUKE, J.
¶ 1 Plaintiff Amparo Hernandez-Gomez sustained severe injuries when the 1981 Volkswagen Rabbit in which she was riding as a front-seat passenger veered off the road, flipped over, and landed. on its roof. Plaintiff sued Volkswagen of America, Inc., and Volkswagenwerk Aktiengesellschaft (collectively, ... | [
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OPINION
KLEINSCHMIDT, Judge.
This appeal arises from a jury verdict against plaintiff-appellant in a wrongful death action that arose out of the crash of a Cessna aircraft. The plaintiff is the widow of the deceased pilot. She brought an action against Cessna in strict liability. She also sued Northland Aviation. North... | [
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OPINION
KLEINSCHMIDT, Judge.
We remand this case with directions to the trial court to set aside the defendant’s plea of guilty. The trial judge allowed the defendant to enter the plea without disabusing him of the notion that the plea could be set aside if the defendant later came up with evidence to show that he was ... | [
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HAYS, Justice.
This petition for review arises from an opinion of the Court of Appeals affirming an award to Christopher J. Puma (respondent) by the Arizona Industrial Commission. W. A. Krueger Co. and Fidelity & Casualty Company of New York v. Industrial Commission of Arizona and Christopher J. Puma, 1 CA-IC 3261 (fil... | [
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OPINION
HOWARD, Presiding Judge.
Petitioner’s special action challenges the trial court’s denial of its motion for summary judgment. Since the denial of a motion for summary judgment is a non-appealable order and because the trial court failed to perform a duty required by law as to which he had no discretion, we assum... | [
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CAMERON, Justice.
This matter, transferred from the court of appeals pursuant to Rule 19, Ariz.R.Civil App.P., 17A A.R.S., was brought by the Tucson City Court and its Chief Magistrate, The Honorable Ann Bowen, challenging an adverse ruling by the Pima County Superior Court and The Honorable Lillian Fisher, Judge. We h... | [
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OPINION
KLEINSCHMIDT, Judge.
This is an appeal from a judgment for the plaintiff in a defamation action. As required by Bose Corp. v. Consumers Union of United States, 466 U.S. 485, 104 S.Ct. 1949, 80 L.Ed.2d 502 (1984), we must examine the entire record and make an independent decision as to whether there is clear and... | [
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FELDMAN, Justice.
Petitioner brings this special action seeking relief from the trial court’s order denying leave to amend her complaint. Petitioner argues that Arizona should recognize the tort of “intentional spoilation (sic) of evidence”. We consider whether a tortfeasor has a duty to render aid to the victim of his... | [
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OPINION
KLEINSCHMIDT, Judge.
The state appeals the trial court’s judgment denying forfeiture of a motor vehicle and ordering its return to claimant-appellee, Joan Barrett. We affirm.
The 1979 Dodge van in question is held in joint tenancy by Joan Barrett and her husband, Jack Barrett. On April 4, 1985, Jack Barrett was... | [
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OPINION
DRUKE, J.
¶ 1 This appeal presents two issues not previously addressed in Arizona: whether a trial court should include vested employee stock options in calculating child support and, if so, when and how the court should value them. We hold that vested employee stock options constitute income for purposes of ca... | [
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HOLOHAN, Chief Justice.
This suit concerns the disposition of a death benefit which became payable upon the death of John R. Carpenter, a longtime employee of the City of Mesa. John’s former wife Opal sought a share of the death benefit. The superior court granted judgment to Opal awarding her the proceeds of the group... | [
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OPINION
GARBARINO, Presiding Judge.
¶ 1 We are called upon to determine the effect, if any, that a disclaimer of warranties, or an “as is” provision, in a purchase contract for commercial property has on a vendor’s duty'to disclose defects in the physical condition of a property being sold. We hold that latent defects ... | [
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