Dushoff v. Phoenix Company
Cited by
- Tempe Corporate Office Building v. Arizona Funding Services, Inc. 807 P.2d 1130 Ariz. Ct. App. 1991
- Lee Development Co. v. Papp 803 P.2d 464 Ariz. Ct. App. 1990
- Butler Products Co., Inc. v. Roush 738 P.2d 775 Ariz. Ct. App. 1987
- Wingate v. Gin 714 P.2d 459 Ariz. Ct. App. 1985
- New Pueblo Constructors, Inc. v. State 696 P.2d 203 Ariz. Ct. App. 1984
- Stewart Title & Trust v. Pribbeno 628 P.2d 52 Ariz. Ct. App. 1981
- Roosen v. Schaffer 621 P.2d 33 Ariz. Ct. App. 1980
Authorities cited
Identified automatically; this list may not be exhaustive.
- City of Tempe v. Prudential Insurance Co. of America 510 P.2d 745
Opinion text
STEVENS, Judge. This Court rendered its opinion on 26 November 1974. The opinion is reported in 22 Ariz.App. 445 , 528 P.2d 637 . The appellee filed a timely motion for rehearing. The First National Bank of Arizona filed its motion in support of the motion for rehearing and for leave to file an amicus curiae brief which was tendered with the motion. David H. Murdock dba David H. Murdock Development Company filed a like motion and tendered a brief. The appellants filed their response. It is ordered granting the motion for leave to appear as amicus curiae and the briefs are accepted. In this connection the Court desires to point out that the First National Bank of Arizona’s motion and brief do not limit themselves to the record before this Court and urge a number of matters which are outside of the record. This may not be done. City of Tempe v. Prudential Insurance Company of America, 109 Ariz. 429 , 510 P.2d 745 (1973). The amicus curiae have miscontrued the opinion. They urge that the opinion places on the landlord “an absolute duty * * * to mitigate damages.” Our holding ( 22 Ariz.App. at 449 , 528 P.2d at 641 ) only requires that the landlord “make reasonable efforts to rent it (the property) at a fair rental.” This requirement leaves intact the tenant’s contractual obligations under the lease, subject to the effect of the landlord’s failure to make reasonable efforts, if such be the fact. The opinion, as pointed out in the appellants’ response, reverses the summary judgment for reasons other than the factual question as to whether the landlord did use reasonable efforts to mitigate. It is further ordered reaffirming our opinion and denying the motion for rehearing. OGG, P. J., and J. DONOFRIO, J., concur.