NOT FOR PUBLICATION UNDER ARIZ. R. SUP. CT. 111(c), THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED. MEMORANDUM DECISION SWANN, Judge. 1 This is a consolidated special action review of Industrial Commission of Arizona ("ICA") decisions and awards for compensable claims. Appellants raise six issues on appeal: (1) Whether the Administrative Law Judge ("ALJ") abused his discretion by finding that petitioner employer, M3 Transport, LLC, was paying for...
NOT FOR PUBLICATION UNDER ARIZ. R. SUP. CT. 111(c), THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED. MEMORANDUM DECISION GEMMILL, Judge. 1 Pima County Committee of the Arizona Libertarian Party, Inc. ("Libertarian Party") appeals the superior court's dismissal of its claim for failure to state a claim upon which relief can be granted. We affirm. BACKGROUND 2 This is the second appeal arising from a challenge to a 2006 Pima County special...
NOT FOR PUBLICATION UNDER ARIZ. R. SUP. CT. 111(c), THIS DECISION DOES NOT CREATE LEGAL PRECEDENT ARIZONA COURT OF APPEALS DIVISION ONE MEMORANDUM DECISION KESSLER, Judge. 1 Howard R. Standage appeals from the trial court's entry of partial judgment dismissing his claims for declaratory judgment and injunctive relief. For the following reasons, we affirm. FACTUAL AND PROCEDURAL HISTORY 2 In 2003, Standage purchased a lot in White Mountain Vacation Village subject to the subdivision'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NOT FOR PUBLICATION THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES.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); Ariz. R. Civ. App. P. 28(c). MEMORANDUM DECISION HOWARD, Chief Judge. 1 Appellants Christopher and Amy Bergeson ("the Bergesons") appeal from the trial court's grant of summary judgment in favor of appellee West Frontier Condominiums HOA, Inc. ("West Frontier"). On appeal, they argue the trial court erred by ruling issue...
NOT FOR PUBLICATION THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES.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); Ariz. R. Crim. P. 31.24. MEMORANDUM DECISION V SQUEZ, Presiding Judge: 1 After a jury trial, Macho Joe Williams was convicted of three counts of aggravated assault, two counts of kidnapping, and one count each of armed robbery, aggravated robbery, and weapons misconduct. The trial court sentenced him to a combination of...
NOT FOR PUBLICATION THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED. ARIZ. R. SUP. CT. 111(c). DECISION ORDER NORRIS, Judge. 1 This special action challenges provisions of a judgment entered by the superior court on remand that Petitioners, Brimet II, L.L.C. and ME 12, L.L.C. (collectively, "Brimet"), argue exceeded the instructions and mandate issued by this court in Brimet II, L.L.C. v. Destiny Homes Marketing, L.L.C., 231 Ariz. 457, 296 P.3d...
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); Ariz. R. Crim. P. 31.24. MEMORANDUM DECISION ECKERSTROM, Judge. 1 Petitioner Mark Kasic was convicted after a jury trial of thirty-two felonies in connection with six arsons and one attempted arson that he committed during a one-year period, and sentenced to a combination of concurrent and consecutive, presumptive terms that...
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); Ariz. R. Crim. P. 31.24. MEMORANDUM DECISION HOWARD, Chief Judge. 1 Following a jury trial, Joshua Albritton was convicted of three counts of aggravated assault and eight counts of misconduct involving weapons. On appeal, Albritton argues that insufficient evidence supported the jury verdicts on the weapons misconduct charges,...
OPINION MILLER, Judge. 1 Claimants Mutual Pharmaceutical, Inc. and United Research Laboratories, Inc. (Mutual Parties) appeal the probate court's judgment confirming disallowance of their creditors' claim against the estate of Sanford M. Bolton (Estate). We conclude the court erred when it ruled that a claimant who presents a claim to a decedent's estate notifying it of an action against the decedent that was pending before his death, must commence additional proceedings if the personal...
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); Ariz. R. Civ. App. P. 28(c). MEMORANDUM DECISION MILLER, Judge. 1 Appellant Kyle S. challenges the juvenile court's order of July 15, 2013, terminating his parental rights to his daughter A.G. on the grounds that he was "unable to discharge parental responsibilities because of . . . mental deficiency" and that A.G. had been in court-...
NOT FOR PUBLICATION UNDER ARIZ. R. SUP. CT. 111(c), THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED. MEMORANDUM DECISION BROWN, Judge. 1 Emileigh Clark appeals the trial court's order granting summary judgment in favor of American Strategic Insurance Corporation ("ASI"). For the following reasons, we affirm. BACKGROUND 2 The pertinent facts, which the parties do not dispute for purposes of resolving this appeal, are as follows. On the morning of...
OPINION PORTLEY, Judge. 1 Consumer Lending Associates, L.L.C. ("CLA") challenges the summary judgment granted in favor of Next Gen Capital, L.L.C. ("Next Gen") on a breach of lease claim. Finding no genuine dispute of material fact or legal error, we affirm the judgment. BACKGROUND 2 CLA, a Nevada company, is engaged in the business of transferring money, whether by cashing checks or making short-term loans. CLA entered into a commercial lease in Arizona in June 2007 with the...
KESSLER, Judge. 1 Dina Marie Gonzales appeals from the sentence imposed after she was convicted of shoplifting. Gonzales argues that the trial court erred by accepting her counsel's stipulation to two prior felony convictions without complying with the requirements of Arizona Rule of Criminal Procedure ("Rule") 17.6. Applying the principles of State v. Morales, 215 Ariz. 59 , 157 P.3d 479 (2007), we hold that the trial court's failure to conduct a Rule 17.6 colloquy, although...
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); Ariz. R. Civ. App. P. 28(c). MEMORANDUM DECISION ESPINOSA, Judge: 1 In this statutory special action, petitioner/employee Raymond Dean Crum Jr., challenges the portion of the administrative law judge's (ALP award denying his claim for permanent disability following a work-provoked seizure and his medical preclusion from...
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); Ariz. R. Crim. P. 31.24. MEMORANDUM DECISION V SQUEZ, Presiding Judge: 1 Andrew Silverstein seeks review of the trial court's order denying his petition for post-conviction relief and the court's denial of his request for counsel that accompanied his subsequent notice of post-conviction relief, which Silverstein...
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); Ariz. R. Crim. P. 31.24. MEMORANDUM DECISION V SQUEZ, Presiding Judge: 1 Appellant Michael Garcia appeals from his convictions for aggravated driving under the influence (DUI) and aggravated driving with an alcohol concentration (AC) of .08 or more, both while his license was suspended, revoked, or restricted. He maintains...
OPINION HOWARD, Chief Judge. 1 In this appeal from a statutory special action, appellant Samuel Rash appeals the trial court's dismissal of his claims challenging his termination from the Town of Mammoth police force. On appeal, he argues the court erred by finding the time limits of the Arizona Rules of Civil Appellate Procedure applicable to statutory special actions and in concluding that the doctrine of laches would otherwise bar his claims. Because we conclude the court erred in...
NOT FOR PUBLICATION UNDER ARIZ. R. SUP. CT. 111(c), THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED. MEMORANDUM DECISION PORTLEY, Judge: 1 This special action asks whether the superior court erred by staying trial court proceedings as to Petitioners, the remaining defendants to the underlying action, pending the resolution of the appeal between Plaintiffs and Defendant Arizona Dental Association ("AzDA"). For the reasons that follow, we exercise...
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); Ariz. R. Crim. P. 31.24. MEMORANDUM DECISION KELLY, Presiding Judge: 1 Angela Bejarano appeals from her convictions and sentences for possession of a narcotic drug and possession of drug paraphernalia. She claims the trial court erred by denying her motion to suppress statements she made and physical evidence obtained during a...
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. Court 111(c); Ariz. R. Crim. P. 31.24. MEMORANDUM DECISION MILLER, Judge: 1 Victor Lobato was convicted after a jury trial of two counts of armed robbery and two counts of aggravated assault. Lobato appeals from his convictions and sentences and claims his due process rights were violated when the trial court admitted an in-court...
