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Mandatory Closing Provisions Strictly Enforced in Real Estate Purchase Contracts

That hissing sound you hear is not just air coming out of the real estate bubble, it’s the folks at Mining Investment Group, LLC (“MIG”) who today learned the importance of a mandatory closing date where a contract specifies that “time is of the essence.”
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Message to the Trial Courts: “Show Your Work”

You know the old phrase from algebra, “show your work,” well that is the message to the trial courts. Regretably, trial courts often rule on disputed issues with nothing more than a summary decision and without articulating their reasoning. Obviously, some of this is due t
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Arizona Public Records Law May Require the Court to Determine the Nature of the Particular Government Document

These days, most people know that both state and federal “Freedom of Information Acts” require the dicslosure of public records. After all, such documents technically “belong to the people” and are created in connection with public service. Indeed, ARS 39-121 p
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Court Affirms Award of Attorneys’ Fees For Dragging In Unnecessary Third-Party Defendants in a Business/Construction Dispute

To be filed in the “gluttons for punishment” folder, the case of Fulton Homes Corporation v. BBP Concrete that was recently published by Division One. The case affirms an award of $12,000, or $6,000 each, to two parties who Fulton dragged into a lawsuit because, well, R
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Business Installment Agreements & Statutes of Limitation

Say someone owes you $100 and agrees to pay you in $10 monthly installments. What if they pay the first two installments, miss the third one, pay the fourth installment and miss the fifth installment. When does the statute of limitations begin to run? The answer is that there is a new
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Bad Roads: ARS 12-820.03 – Adequacy of Warning Signs

    Arizona has a complex and deceptive scheme concerning its immunity for hazardous roads.  My firm recently took on a case where our client was severely injured and her husband killed when they were making a left-hand turn at a very dangerous intersection.  Although the State has si
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Rule 38.1 is a Trap for the Unwary

  I’ve said it before and I’ll say it again, the trial court’s “Motion to Set and Certificate of Readiness” minute entries requiring “strict compliance with Rule 38.1” are a trap for the unwary.  Simply put, you cannot ignore these “Motion to Set” deadlines, they should be taken as se
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Court of Appeals (Incorrectly) Dismisses Wrongful Death Appeal Due to Untimely Notice of Appeal After Plaintiff Attempts to Obtain a Change to the Breadth of the Trial Court’s Judgment

  Frank Zappa said, “We are a nation of laws; badly written and randomly enforced.” That’s probably the way that Joe Burkhamer feels, having lost his daughter (and son-in-law) in tragic accident in 2003, and now having had his appeal dismissed in a published opinion
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