Appellate Court Opinions

Appellate Court Opinions by Justice Sandra Day O'Connor

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Found 40 entries.

Fernandez v. United Acceptance Corp.(125 Ariz. 459)
January 24, 1980
O’CONNOR, Judge. The appellees were successful as plaintiffs in a trial to the court obtaining judgment against appellant in the amounts of $2,500.00 general damages for invasion of privacy and $750.00 for attorneys fees, plus interest and costs of ...

Cooper v. Arizona Western College Dist. Governing Bd.(125 Ariz. 463)
March 4, 1980
O’CONNOR, Judge. This is an appeal from a summary judgment granted by the trial judge in favor of appellees. Appellees were plaintiffs in a special action against the Arizona Western College District Board and its members to declare certain actions ...

Bugh v. Bugh(125 Ariz. 190)
March 11, 1980
O’CONNOR, Judge. Appellant has appealed from a decree of dissolution on the sole basis that the trial court erred in determining that a workmen’s compensation award to appellee during the marriage for industrial injuries received during the marriage...

Lowman v. City of Mesa(125 Ariz. 590)
March 27, 1980
O’CONNOR, Judge. This is an appeal from a summary judgment in favor of appellee. The sole issue is whether a municipality can be held liable for personal injuries as a result of its failure to remove a stalled vehicle from its streets or of its fail...

J.C. Penney Co., Inc. v. Arizona Dept. of Revenue(125 Ariz. 469)
April 10, 1980
O’CONNOR, Judge. Appellant, J. C. Penney Company, has appealed from the summary judgment granted to appellees by the trial court upholding the constitutionality of the Arizona rental occupancy tax, A.R.S. s 42-1701 to s 42-1729, and from the denial ...

Johnson v. American Nat. Ins. Co.(126 Ariz. 219)
May 6, 1980
O’CONNOR, Judge. Appellants, Paul J. Johnson and Anna M. Johnson, husband and wife, and Paul Johnson Jewelers, Inc., an Arizona corporation, filed an action in the Maricopa County Superior Court seeking recovery against appellee, American National I...

State v. Miguel(125 Ariz. 538)
May 8, 1980
O’CONNOR, Judge. In March, 1979, the Yuma County Grand Jury returned a six-count indictment against appellant, Darrell Miguel, and three others. The charges against Miguel were: Count I, robbery of Gustavo Freeman while armed with a deadly weapon, t...

O'Malley Lumber Co. v. Riley(126 Ariz. 167)
May 15, 1980
O’CONNOR, Judge. At issue in this appeal is the construction of A.R.S. s 33-1002(B) as it existed in 1976 and 19771 which limits the recording or allowance of mechanics’ liens against “the dwelling of an owner-occupant” to those persons who contract...

Andrews v. Andrews(126 Ariz. 55)
May 29, 1980
O’CONNOR, Judge. This is an appeal from an order of the trial court denying a motion for relief from a final order of the trial court filed by appellant pursuant to rule 60(c), Rules of Civil Procedure. A petition for order to show cause why appelle...

Lewis v. Swenson(126 Ariz. 561)
June 3, 1980
O’CONNOR, Judge. The issues involved in this appeal are whether a cause of action may be maintained by a party to a lawsuit (1) against an attorney for the adverse party for negligently failing to instruct a witness to avoid disclosing prejudicial i...

Helena Chemical Co. v. Coury Bros. Ranches, Inc.(126 Ariz. 448)
June 5, 1980
O’CONNOR, Judge. This is an appeal from the order of the trial court granting a new trial in an action originally brought by appellant, Helena Chemical Company, as a suit on an open account for agricultural chemicals. The appellees, Coury Bros. Ranc...

Terry v. Lincscott Hotel Corp.(126 Ariz. 548)
July 24, 1980
O’CONNOR, Judge. Jewelry and other items belonging to appellants were stolen from their rooms while they were guests at the Scottsdale Hilton Inn. They brought suit for the loss against appellees, owners of the Inn. Appellees moved for partial summa...

Sende Vista Water Co., Inc. v. City of Phoenix(127 Ariz. 42)
August 7, 1980
O’CONNOR, Judge. Appellants have appealed from a summary judgment granted in favor of appellee which permanently enjoined appellants from providing water to customers in the area covered by appellee’s certificate of convenience and necessity, and wh...

Roosen v. Schaffer(127 Ariz. 346)
August 12, 1980
O’CONNOR, Judge. The issues raised in this appeal concern the interpretation of the terms of a lease for office space and the remedies of the lessor upon the lessee’s abandonment of the lease. On August 21, 1974, appellants leased space to appellee...

State v. Brooks(127 Ariz. 130)
September 9, 1980
O’CONNOR, Judge. Appellant, Monte Ray Brooks, was convicted of armed robbery following a trial by jury, and sentenced to serve 21 years in the Arizona State Prison. A timely notice of appeal was filed. On appeal appellant argues: (1) that the trial ...

Blair v. Stump(127 Ariz. 7)
September 16, 1980
O’CONNOR, Judge. This is an appeal by Alfred Stump, Justice of the Peace, Tolleson Precinct Justice Court, from the judgment entered by the Superior Court of Maricopa County in a special action brought by appellee, Dennis Blair, seeking to prohibit ...

Ott v. Samaritan Health Service(127 Ariz. 485)
October 9, 1980
O’CONNOR, Judge. This is an appeal by appellants, Aaron R. Ott, Jr., and Karen J. Ott, his wife, who were plaintiffs in a medical malpractice action, from a judgment against them after a trial in the Superior Court of Maricopa County, from the trial...

Town of El Mirage v. Industrial Commission of Arizona(127 Ariz. 377)
October 16, 1980
O’CONNOR, Judge. This review by special action is filed pursuant to A.R.S. s 23-951 by petitioners, the Town of El Mirage, the employer, and the State Compensation Fund, the insurance carrier. Petitioners raise three issues as grounds for setting as...

Pinnacle Peak Developers v. TRW Inv. Corp.(129 Ariz. 385)
October 28, 1980
SUPPLEMENTAL OPINION ON REHEARING O’CONNOR, Judge. Appellees’ motion for rehearing of the unpublished Memorandum Decision filed in this case on June 3, 1980, has been granted. Because of the confusion which exists in the judicial opinions in this s...

Nolden v. Industrial Commission of Arizona(127 Ariz. 501)
November 13, 1980
O’CONNOR, Judge. This special action challenges the decision of the Industrial Commission administrative law judge1 dismissing a request for hearing for failure of the petitioner to appear at a properly noticed deposition. Under the facts of this c...

Thompson v. Arizona Dept of Economic Sec.(127 Ariz. 293)
November 13, 1980
O’CONNOR, Judge. This is an appeal from a decision of the unemployment insurance appeals board of the Arizona Department of Economic Security which determined that appellant voluntarily quit her employment without good cause and, therefore, was not ...

Gardiner v. Arizona Dept. of Economic Sec.(127 Ariz. 603)
November 25, 1980
O’CONNOR, Judge. This appeal is from a decision of the unemployment insurance appeals board holding that the appellee, Dennis E. Connolly, was entitled to unemployment compensation benefits and was not disqualified on the basis of misconduct connect...

Cote v. A.J. Bayless Markets, Inc.(128 Ariz. 438)
January 15, 1981
O’CONNOR, Judge. This is an appeal by Robert T. Cote, the plaintiff in the trial court, from a summary judgment against him and in favor of A. J. Bayless Markets, Inc., the appellee, in an action brought by appellant as a successor-landlord against ...

Magma Copper Co. San Manuel Division v. Arizona Dept. of Economic Sec.(128 Ariz. 346)
January 20, 1981
O’CONNOR, Judge. The question in this review of a decision of the unemployment insurance appeals board of the Arizona Department of Economic Security is whether the employer met its burden of proving that appellee, the employee, was discharged for m...

Ryan v. Industrial Commission of Arizona(127 Ariz. 607)
January 20, 1981
O’CONNOR, Judge. This is a special action brought to review an Industrial Commission award which determined it had no jurisdiction over petitioner’s claim for Arizona benefits on the grounds that the petitioner was not hired in Arizona. We agree wit...

State v. Blevins(128 Ariz. 64)
January 27, 1981
O’CONNOR, Judge. Based on events arising out of a collision between an automobile and a motorcycle in the early morning hours of May 27, 1978, Tennis Brian Blevins was charged with vehicular manslaughter in violation of A.R.S. ss 13-455, 13-456(A) (...

State v. Schoonover(128 Ariz. 411)
January 29, 1981
O’CONNOR, Judge. Pursuant to the terms of a written plea agreement, Eldon Everett Schoonover pled guilty to a charge of sexual assault, a class 2 felony, in violation of A.R.S. ss 13-1401, 13-1406, 13-701, 13-702, and 13-801.1 The offense was based ...

State v. Morgan(128 Ariz. 362)
February 10, 1981
O’CONNOR, Judge. Appellant was convicted of one count of assault with a deadly weapon or dangerous instrument in violation of A.R.S. ss 13-1203(A)(2) and 13-1204(A)(2) and (B), following a trial by jury. She was sentenced to serve five years in the ...

Parkway Mfg. v. Industrial Commission of Arizona(128 Ariz. 448)
February 12, 1981
O’CONNOR, Judge. This special action is taken from an Industrial Commission award which set aside a carrier’s notice of claim status discharging the respondent employee with no permanent disability after a reopening of his claim, and which awarded t...

Food Products Corp. v. Industrial Commission of Arizona(129 Ariz. 208)
March 17, 1981
O’CONNOR, Presiding Judge. The sole issue in this special action review of an Industrial Commission award is whether the administrative law judge correctly determined that the respondent employee’s injury arose out of and in the course of his employ...

Owens v. Industrial Commission of Arizona(129 Ariz. 79)
March 19, 1981
O’CONNOR, Presiding Judge. The issue presented in this Industrial Commission special action is whether the administrative law judge was correct in determining that petitioner had no residual permanent impairment, physical or mental, attributable to ...

State v. Gessner(128 Ariz. 487)
March 26, 1981
O’CONNOR, Presiding Judge. In 1976 Douglas Joe Gessner was charged by information with one count of first degree burglary in violation of A.R.S. ss 13-301 and 13-302, and with one count of grand theft in violation of A.R.S. ss 13-661, 13-662, 13-663...

Hughes Aircraft Co. v. Industrial Commission of Arizona(129 Ariz. 233)
April 16, 1981
O’CONNOR, Presiding Judge. The issue in this special action review of an Industrial Commission award is whether the administrative law judge correctly determined that the respondent employee’s industrially caused allergic contact dermatitis is a per...

D.E.S. Youth Conservation Corps v. Industrial Commission of Arizona(129 Ariz. 235)
May 7, 1981
O’CONNOR, Presiding Judge. Petitioners, D. E. S. Youth Conservation Corps (YCC) and the State Compensation Fund, have brought this Industrial Commission special action to challenge an award finding compensable an injury sustained by respondent emplo...

Miller v. Arnal Corp.(129 Ariz. 484)
June 4, 1981
O’CONNOR, Presiding Judge. This is an appeal from a denial of a motion for new trial following a jury verdict against the appellant and in favor of appellee in an action alleging that the appellee willfully, negligently, and unreasonably terminated ...

Western Cas. And Sur. Co. v. International Spas of Arizona, Inc.(130 Ariz. 76)
June 16, 1981
O’CONNOR, Judge. This is an appeal from the granting of a summary judgment in favor of appellee, the plaintiff in the trial court, and from the denial of appellant’s motion for new trial. The sole issue is whether the appellee, Western Casualty & Su...

Hunter v. Industrial Commission of Arizona(130 Ariz. 59)
June 23, 1981
O’CONNOR, Presiding Judge. This special action is from a determination by the Industrial Commission closing petitioner’s industrial claim with a finding of no permanent disability. Specifically, the issue is whether an industrially caused condition ...

Franco v. Industrial Commission of Arizona(130 Ariz. 37)
June 25, 1981
O’CONNOR, Presiding Judge. The issue raised in this Industrial Commission special action is whether a voluntary retirement of an injured workmen’s compensation claimant is grounds for a readjustment of his loss of earning capacity benefits. We hold ...

Bloom v. Fry's Food Stores, Inc.(130 Ariz. 447)
September 1, 1981
O’CONNOR, Judge. The plaintiff-appellant, Harry Bloom, slipped and fell in one of the appellee’s self-service supermarkets. Appellant alleged that he slipped on a grape and that appellee was negligent in stacking bunches of grapes loosely in a displ...

St. Joseph's Hospital and Medical Center v. Maricopa County(130 Ariz. 239)
September 24, 1981
O’CONNOR, Judge. The appeals in this action are from a summary judgment entered by the trial court in favor of St. Joseph’s Hospital and Medical Center (St. Joseph’s) and against Maricopa County, for the sum of $8,390.45, plus interest and costs, re...

Header photo: Arizona State Courts Building, Phoenix. Credit: Adapted from davidpinter / Wikipedia.