Articles Posted in Arizona Supreme Court

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Plaintiff filed a personal injury suit against Defendant, BCI Coca-Cola Bottling Co. BCI rejected Plaintiff’s offer of judgment to settle, and the case proceeded to trial. The jury rendered a verdict for Plaintiff and awarded her damages. The trial court entered a total award of $2,135,867, which included prejudgment interest under Ariz. R. Civ. P. 68(g) as a sanction against BCI for rejecting Plaintiff’s offer of judgment. At issue in this case was whether the prejudgment interest was interest on an “obligation” under Ariz. Rev. Stat. 44-1201(A) or interest on a judgment” under section 44-1201(B). The trial court concluded that the prejudgment interest awarded as a sanction pursuant to Rule 68(g) was interest on an “obligation,” thus entitling Plaintiff to the ten percent rate set forth in section 44-1201(A). The Supreme Court reversed, holding that the applicable rate for prejudgment interest under Rule 68(g) in this case was 4.25 percent based on section 44-1201(B). View "Metzler v. BCI Coca-Cola Bottling Co. of Los Angeles, Inc." on Justia Law

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In 2006, Wife and Husband divorced. In 2011, the superior court conducted a hearing on the parties’ post-decree petitions. Prior to the hearing, Wife filed a petition seeking reimbursement for certain 2010-11 expenses under the terms of the decree of dissolution. The court, however, did not consider the expenses at the hearing. On November 1, 2011, the court entered an order resolving all of the issues listed in the pretrial statement and denied Wife’s request for attorneys’ fees. Shortly thereafter, the court vacated this fee ruling. On September 12, 2012, the court awarded Wife a judgment on the 2010-11 expenses and again denied her request for attorneys’ fees. On October 11, 2012, Wife appealed from both the November 1, 2011 and September 12, 2012 orders. The court of appeals dismissed the appeal from the November 1, 2011 order as untimely. The Supreme Court vacated the court of appeals’ order and remanded, holding a family court order that neither resolves a pending request for attorneys’ fees nor includes language making the order appealable is not final for purposes of appeal. View "Bollermann v. Nowlis" on Justia Law