SHAWNTELLE ALLEN, Plaintiff/Appellant, SCF NATIONAL INSURANCE COMPANY; RALPH MORRIS, Defendanst/Appellees. No. 1 CA-CV
|
|
- Alannah King
- 1 years ago
- Views:
Transcription
1 NOTICE: 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. IN THE ARIZONA COURT OF APPEALS DIVISION ONE SHAWNTELLE ALLEN, Plaintiff/Appellant, v. SCF NATIONAL INSURANCE COMPANY; RALPH MORRIS, Defendanst/Appellees. No. 1 CA-CV Appeal from the Superior Court in Maricopa County No. CV The Honorable Katherine Cooper, Judge REVERSED AND REMANDED COUNSEL Mandel Young PLC, Phoenix By Taylor C. Young, Robert A. Mandel Counsel for Plaintiff/Appellant Sanders & Parks, P.C., Phoenix By Mark Worischeck, Nicholas A. Bender Counsel for Defendants/Appellees
2 MEMORANDUM DECISION Judge Jon W. Thompson delivered the decision of the Court, in which Presiding Judge Andrew W. Gould and Judge Maurice Portley joined. T H O M P S O N, Judge: 1 Shawntelle Allen (Allen) appeals from the trial court s judgment dismissing her complaint against SCF National Insurance Company (SCF National) and Ralph Morris (Morris) pursuant to Arizona Rule of Civil Procedure 12(b)(6) (Rule 12(b)(6)). For the following reasons, we reverse the decision of the trial court and remand for further proceedings. FACTUAL AND PROCEDURAL HISTORY 2 Allen was working at St. Vincent de Paul Society (St. Vincent) in January 2011 when a refrigerator fell on her and injured her leg and shoulder. She filed a workers compensation claim. SCF National was the issuer of St. Vincent s workers compensation insurance, and Morris was the adjuster in charge of processing Allen s claim. SCF National initially accepted Allen s claim, made payments to her for temporary compensation, and paid for her medical treatment. 3 In September 2011, however, SCF National issued two notices of claim status 1) terminating Allen s temporary compensation and active medical treatment, and 2) determining that her injury had resulted in a five percent functional loss of her right lower extremity, a permanent disability which SCF National determined to be worth $ as payment in full. Allen protested the notices. A hearing was scheduled before the Industrial Commission of Arizona in October 2012, but on the day of the hearing the administrative law judge (ALJ) issued a decision declaring the protested notices cancelled. The ALJ noted: The defendant insurance carrier will rescind [the] protested notices and reinstate benefits which resolves the issues which were to be considered at the hearing. SCF National then reinstated Allen s benefits retroactive to September In 2012, the Arizona legislature privatized SCF Arizona. See Ariz. Rev. Stat. (A.R.S.) (2011). SCF Arizona s assets and liabilities, presumably including SCF National, were transferred to the 2
3 private successor mutual company effective January 1, Ariz. Sess. Laws, Ch. 268, 4(D) (2d Reg. Sess.) 1 5 In May 2013, Allen filed a complaint in superior court against SCF National and Morris (appellees) for breach of the duty of good faith and fair dealing as to the handling of her workers compensation claim. She did not file a notice of claim. 6 Appellees filed a Rule 12(b)(6) motion to dismiss the complaint, arguing that Allen failed to file a notice of claim pursuant to A.R.S (A) (2003), that she could not bring a separate claim against Morris, and that they were immune from Allen s punitive damages claim. After oral argument, the trial court granted the motion to dismiss, finding that Allen s failure to file a notice of claim was dispositive. Allen timely appealed. We have jurisdiction pursuant to A.R.S (A)(1) (Supp. 2014). DISCUSSION 7 When reviewing the trial court s judgment granting a Rule 12(b)(6) motion to dismiss, we view the facts alleged in the complaint as true and will uphold the dismissal only if [the] plaintiff would not be entitled to relief under any facts susceptible of proof under the claim stated. Mattison v. Johnston, 152 Ariz. 109, 114, 730 P.2d 286, 291 (App. 1986) (citation omitted). We review the legal issues under a de novo standard of review. Mulleneaux v. State, 190 Ariz. 535, 538, 950 P.2d 1156, 1159 (App. 1997) (citation omitted). 8 The issue presented in this case is whether A.R.S required Allen to file a notice of claim. Allen argues that the trial court erred by dismissing her complaint because SCF National was not a public entity when her notice of claim was due (April 10, 2013, the date 180 days 1 Section 4(D) provides, in part: The successor mutual insurer corporation is responsible for the obligations of the state compensation fund to the same extent as though incurred originally by the mutual insurer corporation.... The successor mutual insurer corporation is not an agency of this state or a public entity of this state. The successor mutual insurer corporation shall not use the term state compensation fund or SCF in its new name or logo from and after June 30,
4 after her claims accrued on October 12, 2012). 2 Allen asserts [a]ny public entity status that SCF National formerly possessed was extinguished before Allen s notice of claim would have otherwise been due. Appellees contend that Allen s obligation to file a notice of claim arose on October 12, 2012, when SCF National was still a public entity. 9 Arizona s notice of claim statute, A.R.S , provides, in relevant part: A. Persons who have claims against a public entity or a public employee shall file claims with the person or persons authorized to accept service for the public entity or public employee as set forth in the Arizona rules of civil procedure within one hundred eighty days after the cause of action accrues. The claim shall contain facts sufficient to permit the public entity or public employee to understand the basis upon which liability is claimed. The claim shall also contain a specific amount for which the claim can be settled and the facts supporting that amount. Any claim which is not filed within one hundred eighty days after the cause of action accrues is barred and no action may be maintained thereon. The notice of claim statute allow[s] the public entity to investigate and assess liability,... permit[s] the possibility of settlement prior to litigation, and... assist[s] the public entity in financial planning and budgeting. Falcon ex rel. Sandoval v. Maricopa County, 213 Ariz. 525, 527, 9, 144 P.3d 1254, 1256 (2006). Thus, the notice of claim statute is designed to protect public entities and the public treasury. See Martineau v. Maricopa County, 207 Ariz. 332, , 19, 86 P.3d 912, (App. 2004) (citation omitted). 10 As the trial court acknowledged, this case is unusual. At the time Allen s claim accrued, SCF National was a public entity. During the 180 day period for filing a notice of claim, SCF National and its parent company, SCF Arizona, ceased to be public entities, and their obligations passed to successor corporations. And, at the time Allen s notice of claim was due, SCF National had ceased to exist. 2 Appellees accept[ ] for purposes of this appeal the October 12, 2012 accrual date that Allen... puts forward.... 4
5 11 The trial court based its decision on Nored v. City of Tempe, 614 F. Supp.2d 991 (D. Ariz. 2008). Nored sued the City of Tempe and a city police officer after the officer allegedly physically assaulted her in the scope and course of his employment. Id. at 992. Nored served the city with a notice of claim, but did not individually serve the officer, who was no longer a city employee, with a notice of claim. Id. The officer moved to dismiss the state law claims against him because Nored failed to comply with A.R.S Concluding that the officer was a public employee at the time of the events giving rise to the complaint, the magistrate judge dismissed Nored s state law claims. Id. at 998. The magistrate judge rejected Nored s argument that she need not have served the officer with a notice of claim because he was not a public employee at the time she served her notice of claim on the city. Id. The court reasoned that a public employee is an individual who was an employee at the time of the events giving rise to the complaint, because otherwise the individual s actions would not implicate the public entity s liability. Id. at This case presents a different situation. Here, a public entity, SCF National, ceased to exist. 3 In Nored, the officer left city employment during the relevant time period, but he did not cease to exist as a person who could be served with a notice of claim. 12 Both sides argue that the plain language of the notice of claim statute supports their position. The statute applies to [p]ersons who have claims against a public entity.... It does not follow that the statute would bar Allen s claims when SCF National was dissolved well in advance of expiration of the notice of claim period. Even if Allen s claims were once claims against a public entity, they became claims against a private entity not subject to the strictures of the notice of claim statute. 13 Because we decide that Allen was not required to file a notice of claim, we need not consider her argument that the trial court should have applied the doctrine of equitable tolling to permit her to file a delayed notice of claim. 3 In State Compensation Fund v. Superior Court, 190 Ariz. 371, 376, 948 P.2d 499, 504 (App. 1997), we held that the state compensation fund was a public entity subject to the claims statute, but we noted, [t]he creation of the compensation law and the compensation fund therein was legislative. That department could destroy its creature if it so chose.... (quoting Sims v. Moeur, 41 Ariz. 486, 493, 19 P.2d 679, 681 (1933)). 5
6 14 Both sides request costs and attorneys fees on appeal pursuant to A.R.S , (2003). We decline to award fees. There is at this time no successful party. CONCLUSION 15 For the foregoing reasons, we find that Allen was not required to file a notice of claim. We reverse the decision of the trial court and remand for further proceedings consistent with this decision. 6
STEPHEN S. EDWARDS, individually and as Trustee of the Super Trust Fund, u/t/d June 15, 2001, Plaintiff/Appellant,
NOTICE: 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. IN THE ARIZONA COURT OF APPEALS DIVISION ONE STEPHEN
In re the Marriage of: SUSAN MARIE TRASK, Petitioner/Appellant, WADE MARTIN HANDLEY, Respondent/Appellee. No. 1 CA-CV 14-0543 FC
NOTICE: 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. IN THE ARIZONA COURT OF APPEALS DIVISION
Case Alert. Midtown Medical Group, Inc. v. Farmers Insurance Group Arizona Court of Appeals, July 15, 2014
Case Alert Midtown Medical Group, Inc. v. Farmers Insurance Group Arizona Court of Appeals, July 15, 2014 A tortfeasor s insurance company does not satisfy a properly perfected medical lien simply by including
2013 IL App (3d) 120130-U. Order filed September 23, 2013 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2013
NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1). 2013 IL App (3d) 120130-U Order
In re the Marriage of: MICHELLE MARIE SMITH, Petitioner/Appellee, No. 1 CA-CV 13-0330 FILED 06-24-2014
IN THE ARIZONA COURT OF APPEALS DIVISION ONE In re the Marriage of: MICHELLE MARIE SMITH, Petitioner/Appellee, v. GREG ROLAND SMITH, Respondent/Appellant. No. 1 CA-CV 13-0330 FILED 06-24-2014 Appeal from
In re the Matter of: ROBIN LIN IULIANO, Petitioner/Appellant, CARL WLOCH, Respondent/Appellee. No. 1 CA-CV 13-0638
NOTICE: 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. IN THE ARIZONA COURT OF APPEALS DIVISION
IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE
IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE SALVATORE BALESTRIERI, ) 1 CA-CV 12-0089 ) Plaintiff/Appellant, ) DEPARTMENT C ) v. ) O P I N I O N ) DAVID A. BALESTRIERI, ) ) Defendant/Appellee.
IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE
IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE JOHN F. HOGAN, ) 1 CA-CV 10-0383 ) Plaintiff/Appellant, ) DEPARTMENT E ) v. ) O P I N I O N ) WASHINGTON MUTUAL BANK, N.A.; ) CALIFORNIA RECONVEYANCE
ANTHONY DE PETRIS, an individual, and PATRICIA PALMER, an individual, Plaintiffs/Appellants,
NOTICE: 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. IN THE ARIZONA COURT OF APPEALS DIVISION
STATE OF ARIZONA, Appellee, ROY MATTHEW SOVINE, Appellant. No. 1 CA-CR 14-0094
NOTICE: NOT FOR PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED. IN THE ARIZONA COURT OF APPEALS DIVISION
STATE OF MINNESOTA IN COURT OF APPEALS A13-1072. Yvette Ford, Appellant, vs. Minneapolis Public Schools, Respondent.
STATE OF MINNESOTA IN COURT OF APPEALS A13-1072 Yvette Ford, Appellant, vs. Minneapolis Public Schools, Respondent. Filed December 15, 2014 Reversed and remanded Peterson, Judge Hennepin County District
DIVISION ONE. SALLY ANN BEAVER, a single woman, Plaintiff/Appellee,
IN THE ARIZONA COURT OF APPEALS DIVISION ONE SALLY ANN BEAVER, a single woman, Plaintiff/Appellee, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, a Wisconsin corporation, Defendant/Appellant. No. 1 CA-CV
IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Special Action Industrial Commission
NOTICE: 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 IN THE COURT OF
SUPREME COURT OF ARIZONA En Banc
SUPREME COURT OF ARIZONA En Banc BT CAPITAL, LLC, an Arizona ) Arizona Supreme Court limited liability corporation, ) No. CV-11-0308-PR ) Plaintiff/Appellant/ ) Court of Appeals Cross-Appellee, ) Division
No. 2 CA-CV 2014-0086 Filed January 21, 2015
IN THE ARIZONA COURT OF APPEALS DIVISION TWO IN RE $170.00 U.S. CURRENCY; 2012 HARLEY DAVIDSON MOTORCYCLE, REG. AZ/JGMC3Z No. 2 CA-CV 2014-0086 Filed January 21, 2015 THIS DECISION DOES NOT CREATE LEGAL
IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE
NOTICE: 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 IN THE COURT
IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE
IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE MELISSA DUNCAN, a single woman,) No. 1 CA-CV 10-0265 ) Plaintiff/Appellant, ) ) DEPARTMENT D v. ) ) O P I N I O N PROGRESSIVE PREFERRED INSURANCE)
HEADNOTE: Kevin Mooney, et ux. v. University System of Maryland, No. 302, Sept. Term, 2007 SECURED TRANSACTIONS SOVEREIGN IMMUNITY
HEADNOTE: Kevin Mooney, et ux. v. University System of Maryland, No. 302, Sept. Term, 2007 SECURED TRANSACTIONS SOVEREIGN IMMUNITY The State, in its position as a payor on an account, which account exists
2015 IL App (5th) 140355-U NO. 5-14-0355 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT
NOTICE Decision filed 05/12/15. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. 2015 IL App (5th) 140355-U NO. 5-14-0355
IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE. In re the Marriage of: ) No. 1 CA-CV 10-0535 )
NOTICE: 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 IN THE COURT
Wells Fargo Credit Corp. v. Arizona Property and Cas. Ins. Guar. Fund, 799 P.2d 908, 165 Ariz. 567 (Ariz. App., 1990)
Page 908 799 P.2d 908 165 Ariz. 567 WELLS FARGO CREDIT CORPORATION, a California corporation, Plaintiff-Appellant, v. ARIZONA PROPERTY AND CASUALTY INSURANCE GUARANTY FUND, Defendant- Appellee. No. 1 CA-CV
IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE December 02, 2014 Session
IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE December 02, 2014 Session CONNIE REDMOND v. WALMART STORES, INC., ET AL. Appeal from the Circuit Court for Davidson County No. 13C3247 Joseph P. Binkley,
IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT. Theodore K. Marok, III, :
[Cite as Marok v. Ohio State Univ., 2008-Ohio-3170.] IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT Theodore K. Marok, III, : Plaintiff-Appellant, : No. 07AP-921 (C.C. No. 2006-06736) v. : (REGULAR
NO. COA12-1176 NORTH CAROLINA COURT OF APPEALS. Filed: 2 April 2013
NO. COA12-1176 NORTH CAROLINA COURT OF APPEALS Filed: 2 April 2013 BOBBY ANGLIN, Plaintiff, v. Mecklenburg County No. 12 CVS 1143 DUNBAR ARMORED, INC. AND GALLAGER BASSETT SERVICES, INC., Defendants. Liens
SUPREME COURT OF ARIZONA En Banc
SUPREME COURT OF ARIZONA En Banc STATE OF ARIZONA, ) Arizona Supreme Court ) No. CR-08-0292-PR Appellee, ) ) Court of Appeals v. ) Division One ) No. 1 CA-CR 07-0696 JESUS VALVERDE, JR., ) ) Maricopa County
STATE OF ARIZONA ) ) 1 CA-CR 01-0226 Appellant, ) ) DEPARTMENT C v. ) ) O P I N I O N ALBERTO ROBERT CABRERA, ) ) Filed 4-23-02 Appellee.
IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE STATE OF ARIZONA ) ) 1 CA-CR 01-0226 Appellant, ) ) DEPARTMENT C v. ) ) O P I N I O N ALBERTO ROBERT CABRERA, ) ) Filed 4-23-02 Appellee. ) ) Appeal
HUB PROPERTIES TRUST, a Maryland Real estate investment trust, Plaintiff/Appellant,
NOTICE: NOT FOR PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. IN THE ARIZONA COURT OF APPEALS DIVISION ONE
2015 IL App (1st) 141179-U. No. 1-14-1179 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT
2015 IL App (1st) 141179-U THIRD DIVISION May 20, 2015 No. 1-14-1179 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances
IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION TWO ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Respondent, APPEAL FROM THE SUPERIOR COURT OF PIMA COUNTY
IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION TWO STATE OF ARIZONA, Petitioner/Appellant, HON. CHARLES SHIPMAN, Judge of the Green Valley Justice Court, in and of the County of Pima, v. and THOMAS
MAX WILLIAM BOURNE; KARISSA M. ROWLAND; JOSE L. SIMENTAL-FUENTES; JORGE GARCIA-FRAIJO, Petitioners,
IN THE ARIZONA COURT OF APPEALS DIVISION ONE MAX WILLIAM BOURNE; KARISSA M. ROWLAND; JOSE L. SIMENTAL-FUENTES; JORGE GARCIA-FRAIJO, Petitioners, v. THE HONORABLE CRANE McCLENNEN, Judge of the SUPERIOR
IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE R) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Special Action--Industrial Commission
IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE RITA D. LEE, Petitioner, v. THE INDUSTRIAL COMMISSION OF ARIZONA, Respondent, BANNER HEALTH, Respondent Employer, BANNER HEALTH SYSTEM, Respondent
APPEAL from an order of the circuit court for Milwaukee County: THOMAS P. DONEGAN, Judge. Affirmed.
COURT OF APPEALS DECISION DATED AND FILED February 15, 2000 Cornelia G. Clark Acting Clerk, Court of Appeals of Wisconsin NOTICE This opinion is subject to further editing. If published, the official version
2015 IL App (1st) 141985-U. No. 1-14-1985 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT
2015 IL App (1st) 141985-U No. 1-14-1985 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1).
SUPREME COURT OF ARIZONA ) ) ) ) ) ) ) ) ) ) ) )
SUPREME COURT OF ARIZONA STATE OF ARIZONA, Appellant, v. JAMES EARL CHRISTIAN, Appellee. Arizona Supreme Court No. CR-02-0233-PR Court of Appeals Division One No. 1 CA-CR 00-0654 Maricopa County Superior
Cook v. Lowes Home Ctrs., Inc. NO. COA10-88. (Filed 18 January 2011)
Cook v. Lowes Home Ctrs., Inc. NO. COA10-88 (Filed 18 January 2011) Workers Compensation foreign award subrogation lien in North Carolina reduced no abuse of discretion The trial court did not abuse its
199 Ariz. 567. Dec. 12, 2000. As Amended March 22, 2001.
199 Ariz. 567 Court of Appeals of Arizona Division 1, Department B Keith JOHNSON, Plaintiff-Appellee, v. TEMPE ELEMENTARY SCHOOL DISTRICT NO. 3 GOVERNING BOARD, Defendant- Appellant. No. 1 CA-CV 99-0555.
IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT
2016 IL App (1st) 150810-U Nos. 1-15-0810, 1-15-0942 cons. Fourth Division June 30, 2016 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in
IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Appeal from the Superior Court in Maricopa County
IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE DAYSTAR INVESTMENTS, L.L.C., an Arizona limited liability company, v. Plaintiff-Appellant, MARICOPA COUNTY TREASURER; ADAM SANDOVAL and OFILIA SANDOVAL;
IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS COMPENSATION APPEALS PANEL KNOXVILLE, MARCH 1996 SESSION
IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS COMPENSATION APPEALS PANEL KNOXVILLE, MARCH 1996 SESSION FILED BILLY CLEVINGER, ) July 10, 1996 Plaintiff-Appellant, ) Hawkins County Cecil Crowson, Jr.
In re the Marriage of: EDNA MAE REWERS, Petitioner/Appellee, No. 1 CA-CV 13-0007
NOTICE: 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. IN THE ARIZONA COURT OF APPEALS DIVISION ONE In re
NO. CAAP IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI'I
NO. CAAP-10-0000222 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI'I ROBERT L. RODRIGUES JR., Claimant-Appellant, v. CITY AND COUNTY OF HONOLULU BOARD OF WATER SUPPLY, Employer-Appellee APPEAL
SUPERIOR COURT OF ARIZONA MARICOPA COUNTY
ATTORNEY NAME (BAR # ADDRESS Attorneys for Plaintiff SUPERIOR COURT OF ARIZONA MARICOPA COUNTY PLAINTIFF, v. No. XXXXXXXXX, Director, MEMORANDUM OF POINTS Arizona Health Care Cost AND AUTHORITIES IN Containment
JUDGMENT AFFIRMED. Division I Opinion by JUDGE TAUBMAN Terry and Miller, JJ., concur. Announced August 18, 2011
COLORADO COURT OF APPEALS Court of Appeals No. 09CA2699 City and County of Denver District Court No. 08CV2477 Honorable Shelley I. Gilman, Judge Oloyea D. Wallin, Plaintiff-Appellant, v. Janene McCabe
29 of 41 DOCUMENTS. SAN DIEGO ASSEMBLERS, INC., Plaintiff and Appellant, v. WORK COMP FOR LESS INSURANCE SERVICES, INC., Defendant and Respondent.
Page 1 29 of 41 DOCUMENTS SAN DIEGO ASSEMBLERS, INC., Plaintiff and Appellant, v. WORK COMP FOR LESS INSURANCE SERVICES, INC., Defendant and Respondent. D062406 COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT
Filed 2/11/15 Estate of Thomson CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified
2015 IL App (3d) 150059-U. Order filed October 2, 2015 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2015
NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. 2015 IL App (3d 150059-U Order filed
2013 IL App (5th) 120093WC-U NO. 5-12-0093WC IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT WORKERS' COMPENSATION COMMISSION DIVISION
NOTICE Decision filed 08/20/13. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. 2013 IL App (5th 120093WC-U NO. 5-12-0093WC
ORDER GRANTING SUMMARY JUDGMENT. THIS MATTER comes on for consideration of DEFENDANT S MOTION FOR I. STATEMENT OF THE CASE
DISTRICT COURT, EL PASO COUNTY, COLORADO Court address: P.O. Box 2980 270 South Tejon Street Colorado Springs, CO 80903 DATE FILED: July 29, 2014 2:12 PM CASE NUMBER: 2013CV2249 Phone Number: (719) 452-5279
IN THE COURT OF APPEALS OF THE STATE OF OREGON
No. 157 April 16, 2014 317 IN THE COURT OF APPEALS OF THE STATE OF OREGON Maricela RAMIREZ, Plaintiff-Appellant, v. NORTHWEST RENAL CLINIC, Defendant-Respondent, and RAYMOND PETRILLO, MD, and Does 1 to
Illinois Association of Defense Trial Counsel, IDC Quarterly, Vol. 9., No. 2
Property Insurance By: Michael S. Sherman Chuhak & Tecson P.C. Chicago Extra-Contractual Damages Against Insurers: What is the Statute of Limitations? Background The Illinois Legislature has provided a
In the Court of Appeals of Georgia
SECOND DIVISION BARNES, P. J., MILLER and RAY, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk s office within ten days of the date of decision to be deemed timely filed.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED OF FLORIDA
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT JOHN D. ALESSIO, as Personal Representative of the Estate of Paola
IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE
NOTICE: 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 IN THE COURT OF
CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE
Filed 10/7/13 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE LARS ROULAND et al., Plaintiffs and Respondents, v. PACIFIC SPECIALTY
SUPREME COURT OF ARIZONA En Banc
SUPREME COURT OF ARIZONA En Banc In re the Marriage of: ) Arizona Supreme Court ) No. CV-07-0019-PR JANA WALDREN, ) ) Court of Appeals Petitioner-Appellee, ) Division One ) No. 1 CA-CV 04-0466 and ) )
JUSTICE G. STEVEN AGEE v. Record No. 061304 June 8, 2007. FROM THE CIRCUIT COURT OF FAIRFAX COUNTY Michael P. McWeeney, Judge
PRESENT: ALL THE JUSTICES MARK FIVE CONSTRUCTION, INC., TO THE USE OF AMERICAN ECONOMY INSURANCE CO. OPINION BY JUSTICE G. STEVEN AGEE v. Record No. 061304 June 8, 2007 CASTLE CONTRACTORS, ET AL. FROM
) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE FULTON HOMES CORPORATION, an Arizona corporation; FULTON HOME SALES CORPORATION, an Arizona corporation, as successor in interest through merger to
Illinois Official Reports
Illinois Official Reports Appellate Court Wright v. Board of Trustees, State Universities Retirement System, 2014 IL App (4th) 130719 Appellate Court Caption CHERYL WRIGHT, Plaintiff-Appellant, v. THE
IN THE COURT OF APPEALS FOR CLARK COUNTY, OHIO. Plaintiff-Appellant : C.A. CASE NO. 2010 CA 53. v. : T.C. NO. 07CV213
[Cite as Stanley v. Community Hosp., 2011-Ohio-1290.] IN THE COURT OF APPEALS FOR CLARK COUNTY, OHIO GEORGE STANLEY, et al. : Plaintiff-Appellant : C.A. CASE NO. 2010 CA 53 v. : T.C. NO. 07CV213 COMMUNITY
2015 IL App (3d) 140144-U. Order filed September 2, 2015 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2015
NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. 2015 IL App (3d 140144-U Order filed
Case: 09-1166 Document: 00319804259 Page: 1 Date Filed: 09/09/2009 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No.
Case: 09-1166 Document: 00319804259 Page: 1 Date Filed: 09/09/2009 PER CURIAM. UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 09-1166 LOU MARRA HOGG S, Appellant v. NOT PRECEDENTIAL STATE OF
MARCELLO ARBIZO III, Petitioner/Appellee, AMANDA SHANK, Respondent/Appellant. No. 2 CA-CV 2014-0166 Filed September 18, 2015
IN THE ARIZONA COURT OF APPEALS DIVISION TWO MARCELLO ARBIZO III, Petitioner/Appellee, v. AMANDA SHANK, Respondent/Appellant. No. 2 CA-CV 2014-0166 Filed September 18, 2015 THIS DECISION DOES NOT CREATE
2012 IL App (1st) 120353-U. No. 1-12-0353 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT
2012 IL App (1st) 120353-U FIFTH DIVISION September 28, 2012 No. 1-12-0353 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited
COMMONWEALTH OF MASSACHUSETTS APPELLATE DIVISION OF THE DISTRICT COURT DEPARTMENT NORTHERN DISTRICT FRANK FODERA, SR.
COMMONWEALTH OF MASSACHUSETTS APPELLATE DIVISION OF THE DISTRICT COURT DEPARTMENT NORTHERN DISTRICT FRANK FODERA, SR. V. ARBELLA PROTECTION INSURANCE COMPANY NO. 15-ADMS-10012 In the WOBURN DIVISION: Justice:
Employers Mutual Insurance Co. (:MEMIC) and by defendant Yarmouth Lumber Inc.
STATE OF MAINE CUMBERLAND, ss. SUPERIOR COURT CNILACTION Docket No. CV-06-404.' ~ 1\": \,.'" l,} \'}\ - / -~_..~'jl, --f'i 'j - C ~ ~, DONALD l. GARBRECHT v. ORDER LAW LIBRARY ROBERT HUTTON, et al, FEB
SUPREME COURT OF THE STATE OF ARIZONA
IN THE SUPREME COURT OF THE STATE OF ARIZONA JOHN F. SULLIVAN AND SUSAN B. SULLIVAN, Plaintiffs/Appellants, v. PULTE HOME CORPORATION, Defendant/Appellee. No. CV-12-0419-PR Filed July 31, 2013 Appeal from
BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION
BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION EVANGELINA GRAJEDA ) Claimant ) VS. ) ) Docket No. 1,013,096 ARAMARK UNIFORM SERVICES ) Respondent ) AND ) ) BANKERS STANDARD INSURANCE
Reports or Connecticut Appellate Reports, the
****************************************************** The officially released date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal
STATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS BRONSON HEALTH CARE GROUP, INC., d/b/a BRONSON METHODIST HOSPITAL, Plaintiff-Appellant, FOR PUBLICATION March 15, 2016 9:05 a.m. v No. 324847 Kalamazoo Circuit Court
IN THE NEBRASKA COURT OF APPEALS. MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion)
IN THE NEBRASKA COURT OF APPEALS MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion) SIMMONS V. PRECAST HAULERS NOTICE: THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION AND MAY NOT
) ) ) ) ) ) ) ) ) Reversed and remanded.
[Cite as Jackson v. Rohrbaugh, 2015-Ohio-2112.] STATE OF OHIO, MAHONING COUNTY IN THE COURT OF APPEALS SEVENTH DISTRICT DAVID JACKSON, PLAINTIFF-APPELLANT, V. ROBERT ROHRBAUGH, DEFENDANT-APPELLEE. CASE
In the Court of Appeals of Georgia
FIRST DIVISION PHIPPS, C. J., ELLINGTON, P. J., and MCMILLIAN, J. NOTICE: Motions for reconsideration must be physically received in our clerk s office within ten days of the date of decision to be deemed
Fourth Court of Appeals San Antonio, Texas
Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-12-00647-CV ACCELERATED WEALTH, LLC and Accelerated Wealth Group, LLC, Appellants v. LEAD GENERATION AND MARKETING, LLC, Appellee From
IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE
NOTICE: 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 IN THE COURT
2016 IL App (1st) 152359-U. SIXTH DIVISION June 17, 2016. No. 1-15-2359 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT
2016 IL App (1st 152359-U SIXTH DIVISION June 17, 2016 No. 1-15-2359 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances
FILED December 15, 2015 Carla Bender 4 th District Appellate Court, IL
NOTICE This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. 2015 IL App (4th 150225-U NO. 4-15-0225
Case 2:06-cv-02631-SMM Document 17 Filed 04/13/07 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA
Case 2:06-cv-02631-SMM Document 17 Filed 04/13/07 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA JAMES BRETT MARCHANT, Plaintiff, 2:06-cv-02631 PHX JWS vs. ORDER AND OPINION [Re: Motion at
v. Record No OPINION BY JUSTICE BARBARA MILANO KEENAN February 27, 1998 TRACY LEE RANDOLPH, ET AL.
Present: All the Justices USAA CASUALTY INSURANCE COMPANY, ET AL. v. Record No. 971083 OPINION BY JUSTICE BARBARA MILANO KEENAN February 27, 1998 TRACY LEE RANDOLPH, ET AL. FROM THE CIRCUIT COURT OF LOUDOUN
IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO
IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO BROOKE B. DEMAREE, Plaintiff-Appellant, vs. UNIVERSITY HOSPITAL, Defendant-Appellee, APPEAL NO. C-090892 TRIAL NO. A-0906987
2016 IL App (1st) 133918-U. No. 1-13-3918 IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT
2016 IL App (1st) 133918-U No. 1-13-3918 SIXTH DIVISION May 6, 2016 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances
IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION TWO
NOTICE: 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 IN THE COURT
IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS COMPENSATION APPEALS PANEL AT KNOXVILLE May 29, 2012 Session
IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS COMPENSATION APPEALS PANEL AT KNOXVILLE May 29, 2012 Session AMY MCGHEE v. TOTS AND TEENS PEDIATRICS, ET AL. Appeal from the Chancery Court for Campbell
IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE ) ) ) ) ) ) ) ) ) ) ) ) ) Appeal from the Superior Court in Navajo County
IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE CENTENNIAL DEVELOPMENT GROUP, LLC, an Arizona limited liability company, v. Plaintiff/Appellant, LAWYER S TITLE INSURANCE CORPORATION, Defendant/Appellee.
2012 WI APP 87 COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION
2012 WI APP 87 COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION Case No.: 2012AP382-FT Complete Title of Case: ACUITY, A MUTUAL INSURANCE COMPANY, PLAINTIFF-APPELLANT, V. COLBY ALBERT, DEFENDANT-RESPONDENT.
IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Appeal from the Superior Court in Maricopa County
NOTICE: 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; IN THE COURT OF APPEALS STATE OF ARIZONA
57 of 62 DOCUMENTS. No. 5-984 / 05-0037 COURT OF APPEALS OF IOWA. 2006 Iowa App. LEXIS 172. March 1, 2006, Filed
Page 1 57 of 62 DOCUMENTS JAMES C. GARDNER, JR., Plaintiff-Appellant, vs. HEARTLAND EXPRESS, INC., and NATIONAL UNION FIRE INSURANCE COMPANY, Defendants-Appellees. No. 5-984 / 05-0037 COURT OF APPEALS
COURT ORDER STANDARD OF REVIEW STATEMENT OF FACTS
DISTRICT COURT, CITY AND COUNTY OF DENVER, COLORADO 1437 Bannock Street Denver, CO 80202 Plaintiffs: JON C. COOK, an individual, and THE LUMBERYARDS DEVELOPMENT, L.L.C., a Colorado Limited Liability Company,
Fourth Court of Appeals San Antonio, Texas
Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00815-CV IN THE ESTATE OF Alvilda Mae AGUILAR From the Probate Court No. 2, Bexar County, Texas Trial Court No. 2012-PC-2802 Honorable
Illinois Official Reports
Illinois Official Reports Appellate Court Lakewood Nursing & Rehabilitation Center, LLC v. Department of Public Health, 2015 IL App (3d) 140899 Appellate Court Caption LAKEWOOD NURSING AND REHABILITATION
IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE
NOTICE: 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 IN THE COURT
IN THE COURT OF APPEALS OF INDIANA
Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral
2014 IL App (1st) 123454-U No. 1-12-3454 February 11, 2014 Modified Upon Rehearing April 30, 2014 IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT
2014 IL App (1st) 123454-U No. 1-12-3454 February 11, 2014 Modified Upon Rehearing April 30, 2014 THIRD DIVISION NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent
Before Hoover, P.J., Peterson and Brunner, JJ.
COURT OF APPEALS DECISION DATED AND FILED February 5, 2008 David R. Schanker Clerk of Court of Appeals NOTICE This opinion is subject to further editing. If published, the official version will appear
IN THE COURT OF APPEALS OF TENNESSEE AT MEMPHIS February 23, 2010 Session
IN THE COURT OF APPEALS OF TENNESSEE AT MEMPHIS February 23, 2010 Session JOHN COOK, JR. v. PERMANENT GENERAL ASSURANCE CORP. Appeal from the Circuit Court for Shelby County No. CT-00676-08 Robert Childers,
United States Court of Appeals for the Federal Circuit
NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit YVONNE MURPHY HICKMAN, Plaintiff-Appellant v. UNITED STATES, Defendant-Appellee 2015-5134 Appeal from the
2015 IL App (1st) 141310-U. No. 1-14-1310 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT
2015 IL App (1st) 141310-U FIRST DIVISION October 5, 2015 No. 1-14-1310 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances
COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS
COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS MICHAELA WARD, v. Appellant, LINDA THERET, INDIVIDUALLY AND AS PRINCIPAL OF MCKINNEY NORTH HIGH SCHOOL, Appellee. No. 08-08-00143-CV Appeal from
AGUIRRE v. UNION PACIFIC RR. CO. 597 Cite as 20 Neb. App. 597. N.W.2d
AGUIRRE v. UNION PACIFIC RR. CO. 597 At the hearing on the motion to withdraw his plea, he requested that the court take judicial notice of a six-page portion of the U.S. statutes. The court took judicial
FILED December 18, 2015 Carla Bender 4 th District Appellate Court, IL
NOTICE This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. 2015 IL App (4th 150340-U NO. 4-15-0340
IN THE COURT OF APPEALS OF INDIANA
FOR PUBLICATION ATTORNEY FOR APPELLANT: KIRK A. HORN Mandel Pollack & Horn, P.C. Carmel, Indiana ATTORNEYS FOR APPELLEE Enterprise Leasing Company of Indianapolis, Inc.: MICHAEL E. SIMMONS CARL M. CHITTENDEN