Cited by
Opinions in Arizona that cite Schwab v. Ames Const., 83 P.3d 56.
- HULL v. WILLIAMS Ariz. Ct. App. Div. 1 2026
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HULL v. WILLIAMS
Ariz. Ct. App. Div. 1 2026
¶ 14 (App. 2004) (“If the party opposing a motion fails to respond in writing, the trial court may, in its discretion, dispose of the motion summarily.”).
- Alan v. Lober Ariz. Ct. App. Div. 1 2025
- Rodriguez v. Placido Ariz. Ct. App. Div. 1 2024
- Rodriguez v. Placido Ariz. Ct. App. Div. 1 2024
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Semilia v. Semilia
Ariz. Ct. App. Div. 1 2024
¶ 15 (App. 2004) (“A failure to respond to a motion for summary judgment with a written memorandum or opposing affidavits cannot, by itself, entitle the moving party to summary judgment.”).
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Devries v. Capital Fund
Ariz. Ct. App. Div. 1 2024
This court has explained that, generally, “a party must file a written response whenever a motion is filed.” ¶ 14 (App. 2004) (emphasis added).
- Litmath v. US Fire Ariz. Ct. App. Div. 1 2023
- U. S. Bank v. Taylor Ariz. Ct. App. Div. 1 2022
- Irep v. Feucht Ariz. Ct. App. Div. 1 2022
- Brock v. Tellurian Ariz. Ct. App. Div. 1 2022
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Brock v. Tellurian
Ariz. Ct. App. Div. 1 2022
-16 (1997) (finding harmless error in failing to attach required affidavits when appellants “have shown no prejudice and merely demand compliance with a technical rule”); ¶ 17 (App. 2004) (applying abuse of 4 BROCK, et al. v. TELLURIAN Decision of the Court discretion review to rulings under Rule 7.1).
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Sadeghi v. Majaly
Ariz. Ct. App. Div. 1 2022
¶ 15 (App. 2004) (citation omitted).
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Scholtes v. Gonzales
Ariz. Ct. App. Div. 1 2022
P. 56(e); ¶ 16 (App. 2004) (providing that when the non-moving party fails to properly respond the superior court “will presume that any uncontroverted evidence favorable to the movant, and from which only one inference can be drawn, is true”).
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Cleveland v. Marco Crane
Ariz. Ct. App. Div. 1 2021
The court must consider the entire record before deciding a summary judgment motion, and “[s]ummary judgment is inappropriate where the facts, even if undisputed, would allow reasonable minds to differ.” Nelson, 181 Ariz. at 191; ¶ 15 (App. 2004).
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Augee v. Wright
Ariz. Ct. App. Div. 1 2021
¶¶ 11-12 (App. 2004); accord McKillip v. Smitty's Super Valu, Inc.
- Self v. Higher Logic Ariz. Ct. App. Div. 1 2020
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Green v. Rhoads
Ariz. Ct. App. Div. 1 2020
While we generally disfavor dismissal on hypertechnical grounds, ¶ 11 (App. 2004), we must dismiss a matter if we lack jurisdiction, ¶ 4 (App. 2010).
- Tune v. Donor Network Ariz. Ct. App. Div. 1 2020
- Salucci v. Arz Partners Ariz. Ct. App. Div. 1 2019
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Shores v. Diaz
Ariz. Ct. App. Div. 1 2019
¶ 45 (App. 2009); ¶ 17 (App. 2004) (noting that rulings under Rule 7.1 are reviewed for an abuse of discretion).
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Seidman v. Weiler
Ariz. Ct. App. Div. 1 2019
¶ 17 (App. 2004); Ariz. R. Civ.
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Boland v. Discount Tire
Ariz. Ct. App. Div. 1 2017
We review rulings under Rule 7.1 for abuse of discretion, ¶ 17 (App. 2004), which is discretion that is “manifestly unreasonable, or exercised on untenable grounds, or for untenable reasons,” ¶ 16 (App. 2009).
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Zumar v. Caymus
418 P.3d 936
Ariz. Ct. App. Div. 1 2017
We review whether summary judgment was proper based on the record made in the superior court, “but we determine de novo whether the entry of judgment was proper.” ¶ 17 (App. 2004).
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Simpson v. Bell Plaza
Ariz. Ct. App. Div. 1 2017
¶7 Simpson first argues the superior court improperly granted a dispositive motion based solely on her failure to respond under Arizona Rule Civil Procedure 7.1(b)
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McNally v. Sun Lakes Homeowners Ass'n 1, Inc.
382 P.3d 1216
Ariz. Ct. App. Div. 1 2016
¶ 17 (App. 2004) (court rulings made under Rule 7.1 are reviewed for an abuse of discretion).
- Atlantic v. Lopez Ariz. Ct. App. Div. 1 2016
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Fees v. Fees
Ariz. Ct. App. Div. 1 2015
¶ 15, (citation omitted).
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Estrada v. Figari
Ariz. Ct. App. Div. 1 2015
ANALYSIS ¶6 We review the superior court’s entry of summary judgment “on the basis of the record made in [that] court, but we determine de novo whether the entry of judgment was proper.” ¶ 17
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Muhammad v. Bashas'
Ariz. Ct. App. Div. 1 2015
¶ 17, (“We review the trial court’s grant of summary judgment on the basis of the record made in the trial court, but we determine de novo whether the entry of judgment was proper.”).
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Medley v. State
Ariz. Ct. App. Div. 1 2014
¶ 11, (holding that notice of appeal from order denying motion for relief from judgment, rather than the underlying judgment, conferred jurisdiction on 4 MEDLEY v. STATE Decision of the Cou
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Griego v. Ada
Ariz. Ct. App. Div. 1 2014
We review the grant of summary judgment de novo, ¶ 17, and examine the record in the light most favorable to the non-moving party.
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Villalobos v. Rivera
Ariz. Ct. App. Div. 1 2014
Husband asserts that Wife’s failure to file a response created “an adverse inference against Wife permissible in that she does not dispute the assertions raised by Husband in his motion.” “Generally, a party must file a written response whenever a motion is filed.” ¶ 14, (citations omitted).
- Emerman v. Az Holding Ariz. Ct. App. Div. 1 2014
- Korwin v. Cotton 323 P.3d 1200 Ariz. Ct. App. Div. 1 2014
- nur/ibrahim v. Scottsdale Ariz. Ct. App. Div. 1 2014
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Gammage v. Als
Ariz. Ct. App. Div. 1 2014
But under Rule 56(e)(4), the superior court may “presume that any uncontroverted evidence favorable to the movant, and from which only one inference can be drawn, is true.” ¶ 16
- Klee v. Lunn Ariz. Ct. App. Div. 1 2014
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Cohen v. Lovitt & Touche, Inc.
308 P.3d 1196
Ariz. Ct. App. Div. 2 2013
(“This court generally disfavors hypertechnical challenges to a notice of appeal .
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Wells Fargo Bank, N.A. v. Allen
292 P.3d 195
Ariz. Ct. App. Div. 1 2012
¶ 16 , (“[I]f a moving party’s summary judgment motion fails to show an entitlement to judgment, the nonmoving party need not respond to controvert the motion.”).
- Atreus Communities Group v. Stardust Development, Inc. 277 P.3d 208 Ariz. Ct. App. Div. 1 2012
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Porter v. Spader
239 P.3d 743
Ariz. Ct. App. Div. 1 2010
§ 12-2101(0; -59, ¶¶ 9-12 , -59 (2004) (recognizing that technical procedural defects generally do not deprive this court of jurisdiction).
- Strategic Development & Construction, Inc. v. 7th & Roosevelt Partners, LLC 226 P.3d 1046 Ariz. Ct. App. Div. 1 2010
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Strategic Development & Construction, Inc. v. 7th & Roosevelt Partners, LLC
226 P.3d 1046
Ariz. Ct. App. Div. 1 2010
¶ 15 , ("A failure to respond to a motion for summary judgment with a written memorandum or opposing affidavits cannot, by itself, entitle the moving party to summary judgment.”).
- AKSAMIT v. Krahn 227 P.3d 475 Ariz. Ct. App. Div. 1 2010
- Cannon v. Hirsch Law Office, P.C. 213 P.3d 320 Ariz. Ct. App. Div. 1 2009
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Modular Mining Systems, Inc. v. Jigsaw Technologies, Inc. Olson Blacutt
Ariz. Ct. App. Div. 2 2009
s claim for injunctive relief moot, in granting summary judgment on its trade secrets claim, and in awarding attorney fees.5 “We review a superior court’s ‘grant of summary judgment on the basis of the record made in [that] court, but we determine de novo whether the entry of [summary] judgment was proper.’” Nat’l Bank, n.3, 180 P.3d at 980 n.3, (alterations in Nat’l Bank).
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Tilley v. Delci
204 P.3d 1082
Ariz. Ct. App. Div. 1 2009
It is the attorney's responsibility to search the record ....”); , (holding "Itlhe entire record must be examined” by the trial court before granting summary judgment); ¶ 15 , (“The trial court must consider the entire record before deciding a summary judgment motion.”).
- Backus v. State 204 P.3d 399 Ariz. Ct. App. Div. 1 2008
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Malad, Inc. v. Miller
199 P.3d 623
Ariz. Ct. App. Div. 1 2008
60, ¶ 17, , 60 (App. 2004).