OPINION EPPICH , Presiding Judge : 1 Apache Produce Imports LLC ("Apache") appeals from the trial court's grant of stay to Malena Produce Inc., Delta Fresh LLC, and Delta Fresh Sales LLC (collectively "Malena"). Apache argues the court abused its discretion because issuance of the stay was effectively a denial, without proper consideration, of Apache's pending request for a preliminary injunction. Because we conclude the court effectively denied the preliminary injunction request without...
NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. MEMORANDUM DECISION SWANN , Judge . 1 Samir Mahmoud Wadi appeals his convictions and sentences for twelve counts of sexual exploitation of a minor, raising several constitutional and statutory arguments. For the following reasons, we affirm. FACTS 1 AND PROCEDURAL HISTORY 2 The BitTorrent network protocol allows users to...
NOT FOR OFFICIAL PUBLICATION UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE MEMORANDUM DECISION BEENE , Judge . 1 Orbitz Worldwide Inc. and other travel companies (collectively the "online travel companies," or "OTCs") appeal the superior court's partial grant of summary judgment to the City of Phoenix and other cities ("Cities"), holding the OTCs are brokers under the Phoenix City Code ("Code") 1 and, thus,...
NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. MEMORANDUM DECISION CRUZ , Presiding Judge : 1 Rachael A. Brumley ("Mother") appeals the portions of the superior court's decree of dissolution of marriage ("Decree") awarding Kenneth A. Brumley ("Father") joint legal decision-making authority regarding their minor child, J.B., born July 2015, parenting time, and a corresponding...
NOT FOR PUBLICATION THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES See Ariz. R. Sup. Ct. 111(c)(1); Ariz. R. Crim. P. 31.19(e) MEMORANDUM DECISION STARING , Presiding Judge . 1 The trial court granted appellee Francisco Sanchez's motion to suppress the evidence acquired during an investigatory stop for a possible traffic violation. The state appeals that ruling, maintaining the stop was constitutionally permissible. For the...
OPINION JOHNSEN , Judge : 1 A class of car-rental companies sued to invalidate a surcharge enacted to build sports facilities to be owned by the Arizona Tourism and Sports Authority ("AzSTA"). The car-rental companies argued the surcharge is invalid both under Article IX, Section 14 of the Arizona Constitution and under the Dormant Commerce Clause implied by the United States Constitution. The tax court ruled the surcharge was invalid under the Arizona Constitution (but not under the...
NOT FOR PUBLICATION THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Sup. Ct. 111(c)(1); Ariz. R. Civ. App. P. 28(a)(1), (f); Ariz. R.P. Juv. Ct. 103(G). MEMORANDUM DECISION ECKERSTROM , Chief Judge . 1 Angela M. appeals from the juvenile court's September 2017 order adjudicating her daughter, E.A., born in May 2001, a dependent child. Finding no error, we affirm. 2 A dependent child includes one "[i]n need...
NOT FOR PUBLICATION THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Sup. Ct. 111(c)(1); Ariz. R. Crim. P. 31.19(e). MEMORANDUM DECISION V SQUEZ , Presiding Judge . 1 Petitioner Angela Leeman seeks review of the trial court's order denying her fourth petition for post-conviction relief, filed pursuant to Rule 32, Ariz. R. Crim. P. "We will not disturb a trial court's ruling on a petition for post-conviction...
OPINION V SQUEZ , Presiding Judge : 1 Anthony Spence appeals from the superior court's denial of relief in his special action challenging the Pima County Justice Court's order denying his request for a jury trial on three misdemeanor assault charges. Spence argues he is entitled to a jury trial because, if convicted of all three charges, the aggregate sentence could potentially exceed six months. Because we conclude that misdemeanor assault is not a jury-eligible offense, we affirm....
NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. MEMORANDUM DECISION THOMPSON , Judge . 1 Plaintiffs/appellants, Barry Atkins and Missy Atkins (the Atkinses), appeal from the trial court's October 14, 2016 order, in favor of defendants/appellees Snell & Wilmer LLP; Donald Bivens and Patricia Lee Refo (husband and wife); and Robert M. Kort and Myndi M. Kort (husband and wife) (...
OPINION V SQUEZ , Presiding Judge : 1 Jewel C. appeals from the juvenile court's order changing the placement of her great-grandchildren from her care to that of their "psychological paternal grandmother," Kay. She contends the court "abused its discretion by granting" the state's motion requesting the change "in violation of the placement preferences established by A.R.S. 8-514(B)." She further asserts the court made "numerous findings ... without credible bases." 2 In its...
NOT FOR PUBLICATION THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Sup. Ct. 111(c)(1); Ariz. R. Civ. App. P. 28(a)(1), (f); Ariz. R. P. Juv. Ct. 103(G). MEMORANDUM DECISION BREARCLIFFE , Judge . 1 In these consolidated appeals, Paula J. and Michael L., parents of H.L. and C.L., born in February 2014 and May 2015 respectively, challenge the juvenile court's June 2017 order terminating their parental rights on...
NOT FOR OFFICIAL PUBLICATION UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. MEMORANDUM DECISION MORSE , Judge . 1 Appellant Michael Barrett Conway challenges the trial court's dismissal of his complaint under Arizona Rule of Civil Procedure ("Rule") 12(b)(6). We affirm for the reasons set forth below. FACTUAL AND PROCEDURAL BACKGROUND 2 Conway visited a Circle K store on October 24, 2015, to purchase...
OPINION STARING , Presiding Judge : 1 In this special action, we conclude the doctrine of collateral estoppel, also known as issue preclusion, does not bar the State of Arizona from prosecuting a person for child abuse after a juvenile court found in a separate dependency action that he did not abuse the child in question and dismissed a dependency petition that was based solely on that alleged abuse. Consequently, the respondent judge did not err in denying petitioner Nikolas Crosby-...
NOT FOR PUBLICATION THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Sup. Ct. 111(c)(1); Ariz. R. Civ. App. P. 28(a)(1), (f); MEMORANDUM DECISION ECKERSTROM , Chief Judge : 1 J.C., born June 2002, appeals from the juvenile court's order finding he was no longer a dependent child and dismissing the dependency proceeding. He argues the court violated the Interstate Compact on Placement of Children (ICPC), A.R.S....
NOT FOR PUBLICATION THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES See Ariz. R. Sup. Ct. 111(c)(1); Ariz. R. Crim. P. 31.24 SUPPLEMENTAL DECISION ON RECONSIDERATION EPPICH , Judge . 1 Amos Beverett seeks review of the trial court's order dismissing his successive notice of post-conviction relief, filed pursuant to Rule 32, Ariz. R. Crim. P., and his motion for reconsideration of that dismissal. We previously denied relief...
NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. MEMORANDUM DECISION CAMPBELL , Judge . 1 Defendant Appsware Holdings, Inc. ("Appsware") challenges the grant of summary judgment in favor of plaintiffs Windship 21, LLC and Triremes 24, LLC (collectively "Windship") finding Appsware breached promissory notes and associated loan agreements. For the following reasons, the judgment...
NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. MEMORANDUM DECISION DOWNIE , Judge . 1 Walter Duncanson appeals the superior court's judgment reversing a final decision by the Maricopa County Law Enforcement Officers Merit System Commission ("Commission"), thereby reinstating his demotion. For the following reasons, we affirm. FACTS AND PROCEDURAL HISTORY 2 The Maricopa...
NOT FOR PUBLICATION THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Sup. Ct. 111(c)(1); Ariz. R. Civ. App. P. 28(a)(1), (f). MEMORANDUM DECISION V SQUEZ , Presiding Judge . 1 David Black appeals from the trial court's ruling finding him in contempt of court and, as a sanction, dismissing his complaint against the Town of Thatcher without prejudice. For the following reasons, we dismiss the appeal for lack of...
NOT FOR PUBLICATION THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Sup. Ct. 111(c)(1); Ariz. R. Civ. App. P. 28(a)(1), (f); Ariz. R. P. Juv. Ct. 103(G). MEMORANDUM DECISION STARING , Presiding Judge . 1 Ashley L. appeals from the juvenile court's June 2017 order terminating her parental rights to K.L., born in September 2015, based on the grounds of mental illness and length of time in court-ordered care (six...
