Selected Appellate Opinions

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State v. Gustavo Nunez, No. 2 CA-CR 2019-0087-PR (Ariz. App. Memorandum Decision, 

Filed November 15, 2019) Represented defendant Nunez, Court of Appeals reversed trial court denial of Rule 32 Petition for Post-Conviction Relief and remanded for evidentiary hearing on several issues.

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John Munic Enterprises, Inc. v Laos, 326 P.3d 279, 284 (Ariz. Ct. App. 2014)

Represented Appellee JME; won on theory that

trial court’s decision was supported on alternative basis in the record that the collateral source rule applied in contract cases; court of appeals reversed two earlier decisions to reach the result.

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State v Vasquez, 233 Ariz. 302, 311 P.3d 1115 (App. 2013) Represented Appellant Vasquez; won and Mr. Vasquez' first degree murder conviction was overturned.

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Canyon Community Banking Association v.

National Title Company, 2012 WL 75818 (D. Nev. 2012)

Represented Plaintiff Canyon Community

Bank; won when court denied Defendant’s Motion to Dismiss finding, inter alia, Plaintiff was a third-party beneficiary to the Master Closing Instructions.

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Clogher v. Winston and Strawn, 181 Ariz. 372,

891 P.2d 240 (1995)

Represented Appellant Clogher; won, Court of

Appeals held firm could be sued in partnership name.

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Parrish v. United Bank of Arizona, 164 Ariz.

18, 790 P.2d 304 (App. 1990)

Represented Appellant Parrish; won, Court of

Appeals held that material issue of fact as to whether bank knew or should have known that borrower was mistaken as to facts surrounding his damages precluded summary judgment.

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Arizona Dept. of Water Resources v. Rail N

Ranch Corp., 156 Ariz. 363, 752 P.2d 16

(1987)

Represented Appellant Rail N Ranch ---lost

ADWR prevailed in trial court and court of appeals found no abuse of discretion in ruling on administrative appeal.

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Geronimo Hotel & Lodge v. Putzi, 151 Ariz.

477, 728 P.2d 1227 (1986)

Represented Appellant Geronimo; won,

Supreme Court reversed Court of Appeals holding husband should be independently liable under warranty in lease even if property was community and wife did not sign lease.

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Quiroga v. Allstate Ins. Co., 151 Ariz. 127,

726 P.2d 224 ( App. 1986)

Represented Appellant Quiroga; lost, Court of

Appeals affirmed holding that insureds’ execution of assignment without reservation extinguished any claim insureds might have had to punitive damages.

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Landon v. Stroud (Baird), 147 Ariz. 208, 709

P.2d 565, 56 A.L.R.4th 1121 (1985)

Represented Baird; won, Special action in

which Court of Appeals reversed trial court finding that filing statement of legal or equitable interest with State Department of Liquor perfected security interest.

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U.S. v. Mendoza-Acuna and Fidelity Insurance, 764 F.2d 699 (9th Cir. 1985)

Represented Appellant Fidelity; lost, Court of

Appeals affirmed district court holding that surety’s agent had authority to post bond.

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Smith v. MacDougall, 139 Ariz. 22, 676 P.2d

Represented Appellant Smith; won, Court of

656 (App. 1983)

Appeals reversed dismissal of case holding

held that statute of limitations applicable to inmate’s cause of action was tolled.

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Brigham v. First Nat. Bank of Arizona, 129

Ariz. 160, 629 P.2d 996 (1981)

Represented Appellant Brigham; lost, Court of

Appeals held statutory grace period did not apply to facts of the case.

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United States v Curtis-Nevada Mines, 611 F.2d 1277 (9th Cir. 1980)

Represented Appellee U.S.; won, Court of

Appeals held that public is free to use surface of unpatented mining claims for recreation.

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Basso v. Allstate Ins. Co., 118 Ariz. 139, 575

P.2d 338 (1977)

Represented Appellant Basso; won, Court of

Appeals reversed the trial court holding that insurer’s offer to pay policy limits in full settlement was not a tender thus insurer was liable for interest on entire judgment.

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Natural Resources Defense Council v. Costle,

561 F.2d 904 (1977)

Represented Appellant Costle; lost, Court of

Appeals held that intervention in Federal Water Pollution Control Act by NRDC was proper.

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Blanchette v. U.S. E.P.A., 551 F.2d 906 (1977)

Represented Appellee EPA; won, Court of

appeals affirmed denial of petition for amended Environmental Impact Statement.

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Robinson v. Knebel, 550 F.2d 422 (8th Cir.

1977)

Represented Appellee Knebel; won, Court of

Appeals affirmed holding that environmental impact statement prepared by Soil Conservation Service was adequate.

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U.S. v. 178.15 Acres of Land, more or less, in Grayson..., 543 F.2d 1391 (4th Cir. 1976)

Represented Appellee U.S.; won, Court of

Appeals affirmed holding that failure to prepare an Environmental Impact Statement did not prevent the United States from initiating a condemnation action.

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U.S. v. Winnebago Tribe of Nebraska, 542 F.2d 1002 (8th Cir. 1976)

Represented Appellee U.S.; won/lost, rulings

on beneficial effect on the value of the whole tract on the adaptability of part of the tract to recreational uses in eminent domain case.

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Committee for Humane Legislation, Inc. v.

Richardson, 540 F.2d 1141 (1976)

Represented  Appellee Richardson; lost/won,

lost on issue of whether permit for commercial fishing was properly issued; won on continuance of a stay of the district court’s injunction preventing commercial fishing.

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Fund for Animals v. Frizzell, 530 F.2d 982

(1975)

Represented Appellee Frizzel; won, Court of

Appeals affirmed issuance of hunting regulations.