Cited by
Opinions in Arizona that cite Tilley v. Delci, 204 P.3d 1082.
- State v. Wilbon Ariz. Ct. App. Div. 1 2026
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State v. Wilbon
Ariz. Ct. App. Div. 1 2026
The superior court abuses its discretion when its decision is “manifestly unreasonable, or exercised on untenable grounds, or for untenable reasons.” ¶ 16 (App. 2009).
- Nicaise v. ades/sundaram Ariz. Ct. App. Div. 1 2025
- Nicaise v. ades/sundaram Ariz. Ct. App. Div. 1 2025
- Canon v. Retail Ariz. Ct. App. Div. 1 2025
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Canon v. Retail
Ariz. Ct. App. Div. 1 2025
DISCUSSION ¶20 This court reviews de novo the superior court’s grant of a motion for summary judgment, ¶ 7 (App. 2009), viewing the evidence in the light most favorable to the nonmoving party, Normandin v. Encanto Adventures, LLC, ¶ 9 (2019).
- Azuly v. C-Back Ariz. Ct. App. Div. 1 2025
- Phoenix Motor v. Rajabian Ariz. Ct. App. Div. 1 2025
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Phoenix Motor v. Rajabian
Ariz. Ct. App. Div. 1 2025
A court abuses its discretion when it exercises discretion that is “manifestly unreasonable, or exercised on untenable grounds, or for untenable reasons.” ¶ 16 (App. 2009).
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Azuly v. C-Back
Ariz. Ct. App. Div. 1 2025
And although, as C-Back correctly noted, “[t]he superior court was not required to accept and examine evidence presented to it for the first time in connection with [a] motion for reconsideration,” ¶ 17 (App. 2009), that principle is irrelevant here because the superior court did, in fact, accept and consider the conditional loan approval.
- Potter v. Potter Ariz. Ct. App. Div. 1 2025
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Potter v. Potter
Ariz. Ct. App. Div. 1 2025
60 ¶ 7 (App. June 27, 2024) ( ¶ 16 (App. 2009)).
- Esposito v. Bishop Ariz. Ct. App. Div. 1 2025
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Esposito v. Bishop
Ariz. Ct. App. Div. 1 2025
¶ 10 (App. 2009); Ariz. R. Civ.
- White v. Barreras Ariz. Ct. App. Div. 1 2025
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White v. Barreras
Ariz. Ct. App. Div. 1 2025
¶ 16 (App. 2009) (abuse of discretion is “discretion .
- Henke v. Hospital Ariz. Ct. App. Div. 1 2024
- Henke v. Hospital Ariz. Ct. App. Div. 1 2024
- Brown v. Olde Fashioned Ariz. Ct. App. Div. 1 2024
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Brown v. Olde Fashioned
Ariz. Ct. App. Div. 1 2024
¶ 17 (App. 2009) (“The superior court was not required to accept and examine evidence presented to it for the first time in connection with [plaintiff’s] motion for reconsideration.”); see also RT Automotive Ctr., Inc. v. Westlake Services, LLC, ¶ 12 (App. 2022) (“We typically do not consider m
- Bairstow v. Windgate Ariz. Ct. App. Div. 1 2024
- Bairstow v. Windgate Ariz. Ct. App. Div. 1 2024
- Chatha v. Marwah Ariz. Ct. App. Div. 1 2024
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Chatha v. Marwah
Ariz. Ct. App. Div. 1 2024
¶24 Under general rules of agency law, which apply to the attorney–client relationship, ¶ 14 (App. 2009), an attorney’s knowledge can be imputed to his client.
- Rodriguez v. Placido Ariz. Ct. App. Div. 1 2024
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Rodriguez v. Placido
Ariz. Ct. App. Div. 1 2024
¶ 26 (App. 2008); ¶ 10 n.4 (App. 2009) ("There are differing views expressed in the case law as to whether an appellate court or a trial court must perform an independent search of the record for facts not presented by a party opposing summary judgment.") (collecting cases).
- Martinez v. Blake Ariz. Ct. App. Div. 1 2024
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Martinez v. Blake
Ariz. Ct. App. Div. 1 2024
¶ 10 (App. 2009) (“In deciding a motion for summary judgment, the [superior] court considers those portions of the verified pleadings, deposition, answers to interrogatories and admissions on file which are brought to the court’s attention by the parties.”) (emphasis in original, citation omitted).
- Semilia v. Semilia Ariz. Ct. App. Div. 1 2024
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Semilia v. Semilia
Ariz. Ct. App. Div. 1 2024
Summary judgment is still a final judgment on the merits, ¶ 13 (App. 2009), and the moving party must carry their burden of showing no genuine disputes of material fact and entitlement to judgment as a matter of law, Ariz. R. Civ.
- Hoenack v. Gannett Ariz. Ct. App. Div. 1 2023
- Hoenack v. Gannett Ariz. Ct. App. Div. 1 2023
- State v. Osgood Ariz. Ct. App. Div. 1 2023
- State v. Osgood Ariz. Ct. App. Div. 1 2023
- Amanda Campion and James Campion v. City of Tucson 536 P.3d 1232 Ariz. Ct. App. Div. 2 2023
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Amanda Campion and James Campion v. City of Tucson
536 P.3d 1232
Ariz. Ct. App. Div. 2 2023
P. 26(b)(1); (“‘Abuse of discretion’ is discretion manifestly unreasonable, or exercised on untenable grounds, or for untenable reasons.”).4 ¶24 The Campions also claim the trial court erroneously denied their renewed motion to show cause and for sanctions, but fail to develop a meaningful argument o
- Polyard v. Alattar Ariz. Ct. App. Div. 1 2023
- Polyard v. Alattar Ariz. Ct. App. Div. 1 2023
- MacLeod v. Mogollon Ariz. Ct. App. Div. 1 2023
- MacLeod v. Mogollon Ariz. Ct. App. Div. 1 2023
- Nava-Cruz v. Wallace Ariz. Ct. App. Div. 1 2023
- Nava-Cruz v. Wallace Ariz. Ct. App. Div. 1 2023
- In Re Adan R. Ariz. Ct. App. Div. 1 2022
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In Re Adan R.
Ariz. Ct. App. Div. 1 2022
Abuse of discretion occurs 3 IN RE ADAN R. Decision of the Court when the trial court’s action is “manifestly unreasonable.” ¶ 16 (App. 2009).
- Worldwide v. Moen Ariz. Ct. App. Div. 1 2022
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Worldwide v. Moen
Ariz. Ct. App. Div. 1 2022
An abuse of discretion exists when the superior court’s judgment is “manifestly unreasonable, or exercised on untenable grounds, or for untenable reasons.” ¶ 16 (App. 2009).
- Scholtes v. Gonzales Ariz. Ct. App. Div. 1 2022
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Scholtes v. Gonzales
Ariz. Ct. App. Div. 1 2022
4 SCHOLTES, et al. v. GONZALES, et al. Decision of the Court ¶11 In deciding a motion for summary judgment, the superior court considers “those portions of the verified pleadings, deposition, answers to interrogatories and admissions on file which are brought to the court’s attention by the parties.” ¶ 10 (App. 2009) (alteration in original) (quoting Choisser v. State ex rel.
- De Leon v. Pizarro, Sr. Ariz. Ct. App. Div. 1 2021
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De Leon v. Pizarro, Sr.
Ariz. Ct. App. Div. 1 2021
¶16 We review the family court’s denial of a petition for legal decision-making and parenting time for an abuse of discretion, ¶ 11 (App. 2013), and the denial of a motion for reconsideration, ¶ 16 (App. 2009).