OPINION ECKERSTROM, Presiding Judge. 1 This appeal concerns a mechanic's lien recorded by appellant Delmastro & Eells, Inc., against property owned by appellee Taco Bell Corp. 1 After Delmastro filed a complaint seeking to foreclose the lien, Taco Bell filed an answer and counterclaim alleging wrongful recording of a lien and lis pendens pursuant to A.R.S. 33-420. On appeal, Delmastro contends the trial court erred by granting Taco Bell's motion for summary judgment, thereby dismissing...
THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24 MEMORANDUM DECISION JOHNSEN, Judge. 1 Irene F. Rankhorn appeals the decision of the Appeals Board of the Arizona Department of Economic Security ("ADES") disqualifying her from unemployment insurance benefits. For the reasons that follow, we reverse and remand for a new hearing. FACTS AND PROCEDURAL HISTORY...
THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24 MEMORANDUM DECISION HALL, Judge. 1 Daquin H. (Father) appeals 1 from the juvenile court's order terminating his parental rights to Quantasia. 2 Father urges this court to reverse the order. For the following reasons, we affirm. FACTS 3 AND PROCEDURAL BACKGROUND 2 Father is the biological parent of...
THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24 MEMORANDUM DECISION BARKER, Judge. 1 This is a consolidated civil action in which the trial court granted summary judgment. For the reasons that follow, we affirm. Facts and Procedural History 2 The primary business of Renegade Technology Group, Inc. ("Renegade") was placing and operating automated teller...
THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24 MEMORANDUM DECISION NORRIS, Judge. 1 David Alexander Alvidrez timely appeals from his convictions and sentences for conspiracy to commit burglary in the first degree, burglary in the first degree, and three counts of felony murder in the first degree. After searching the record on appeal and finding no arguable...
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); ARCAP 28(c); Ariz.R.Crim.P. 31.24 MEMORANDUM DECISION IRVINE, Judge. 1 This appeal is filed in accordance with Anders v. California, 386 U.S. 738 (1967), and State v. Leon, 104 Ariz. 297 , 451 P.2d 878 (1969). Counsel for Carlos Gerardo Luna ("Luna") asks this Court to search the record for fundamental error. Luna was given an opportunity to file...
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); ARCAP 28(c); Ariz.R.Crim.P. 31.24 MEMORANDUM DECISION IRVINE, Judge. 1 This appeal is filed in accordance with Anders v. California, 386 U.S. 738 (1967), and State v. Leon, 104 Ariz. 297 , 451 P.2d 878 (1969). Counsel for Robert Thompson asks this Court to search the record for fundamental error. Thompson has filed a supplemental brief in propria...
THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24 MEMORANDUM DECISION NORRIS, Judge. 1 John Tillman Hyland timely appeals his convictions and sentences for two counts of aggravated driving under the influence ("DUI"), each a class 4 felony. Hyland argues the superior court misapplied the doctrine of implied waiver of the physician-patient privilege, and should...
OPINION SWANN, Judge. 1 This case involves two proceedings in two forums. The first is an action pending in superior court in which Roy Crain is suing his employer, BNSF Railway Company, under the Federal Employers' Liability Act ("FELA") to recover damages for personal injuries sustained on the job (the "FELA action"). 2 During the FELA litigation, BNSF asked Crain to submit medical notices as required under the Collective Bargaining Agreement ("CBA") between Crain's union and BNSF. In...
OPINION BARKER, Judge. 1 This matter requires us to consider the relationship between the statutes governing those found Guilty Except Insane ("GEI") pursuant to Arizona Revised Statutes ("A.R.S.") sections 13-502 and -3994 (2010), and those that apply to administering involuntary treatment to persons in civil commitment proceedings. A.R.S. 36-501 to -546.01 (2009). For the reasons that follow, we affirm the trial court's ruling ordering Appellant, a patient committed to the Arizona...
THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24. MEMORANDUM DECISION V SQUEZ, Presiding Judge. 1 Traves J. appeals from the juvenile court's order terminating his parental rights to his son, Eli J., born in April 2010, based on time in court-ordered, out-of-home care. See A.R.S. 8-533(B)(8)(a). Traves argues there was insufficient evidence he "...
THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24. MEMORANDUM DECISION ECKERSTROM, Presiding Judge. 1 Petitioner Frankie Rodriguez was convicted after a jury trial of two counts each of first-degree murder, kidnapping, armed robbery, theft of means of transportation, and theft by control, and one count of second-degree burglary. The trial court sentenced...
THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24. MEMORANDUM DECISION KELLY, Judge. 1 Following a bench trial, appellant Craig Dahlin was convicted of possession of marijuana for sale, production of marijuana for sale, and possession of drug paraphernalia. He was sentenced to presumptive, concurrent terms of imprisonment the longest of which was five years....
THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24. MEMORANDUM DECISION BRAMMER, Judge. 1 Appellant Joshua Minjares appeals from his conviction for conspiracy to commit armed robbery and burglary. He asserts there was insufficient evidence that he had been "a willing participant" in the charged conspiracy. We affirm. 2 In reviewing a claim of insufficient...
THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24. MEMORANDUM DECISION ESPINOSA, Judge. 1 Following a jury trial in absentia, Linda Carpenter was convicted of conspiracy to commit armed robbery, aggravated assault with a deadly weapon, burglary of a nonresidential structure while armed, and armed robbery. More than five years later 1 the trial court...
OPINION ESPINOSA, Judge. 1 Physical Resource Engineering, Inc. (PRE) appeals from a judgment entered after a jury trial in favor of Michael Goodman on his claim for breach of contract. PRE also challenges the trial court's denial of its motion for judgment as a matter of law pursuant to Rule 50, Ariz. R. Civ. P., and motion for a new trial pursuant to Rule 59, asserting there was no evidence a contract between PRE and Goodman had existed, and, in any event, under the circumstances of...
OPINION ESPINOSA, Judge. 1 After a jury trial, appellant Pamela Peterson was convicted of theft of means of transportation by control or by controlling stolen property. The trial court suspended imposition of her sentence, placing her on probation for two years and ordering restitution of $1,392. On appeal, Peterson argues the court erred in denying her motion to suppress without a hearing and in admitting certain evidence at trial over her hearsay and confrontation objections. She also...
THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24. MEMORANDUM DECISION BROWN, Judge. 1 Kristin C. ("Mother") appeals from the juvenile court's order terminating her parental rights to her daughter, J.C. ("the child"). 1 For the following reasons, we affirm. BACKGROUND 2 Mother and Maximiliano C. ("Father") 2 are the biological parents of the child, born...
THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24. MEMORANDUM DECISION V SQUEZ, Presiding Judge. 1 Appellants CCSAM Family Limited Partnership and Albert Moussa ("Moussa") appeal from the judgment entered by the trial court after jury verdicts were rendered in favor of appellees N. Judge King and Kristin King ("King") on Moussa's breach-of-contract claim and...
THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c; ARCAP 28(c); Ariz. R. Crim. P. 31.34. MEMORANDUM DECISION ANN A. SCOTT TIMMER, Presiding Judge. 1 Pro Fire Protection, LLC, ("Pro Fire") appeals the superior court's entry of summary judgment in favor of Metro Fire Protection, Inc. ("Metro Fire"). Pro Fire additionally challenges the court's orders deeming as admitted four requests for admissions...
