Cited by
Opinions in Arizona that cite Luchanski v. Officer J.L. Congrove, 971 P.2d 636.
- GREGG v. HASSAYAMPA Ariz. Ct. App. Div. 1 2026
- GREGG v. HASSAYAMPA Ariz. Ct. App. Div. 1 2026
- Robin Roebuck v. Mayo Clinic Ariz. 2025
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Robin Roebuck v. Mayo Clinic
Ariz. 2025
–25 (1970) (“A person can be very negligent and still not be guilty of gross negligence.”); Noriega, 243 Ariz. at 329 ¶ 41 (“We recognize that proving gross negligence is no easy task.” ( ¶ 19 (App. 1998))).
- Reyes v. State Ariz. Ct. App. Div. 1 2025
- Reyes v. State Ariz. Ct. App. Div. 1 2025
- Searles v. Wolfe Ariz. Ct. App. Div. 1 2024
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Searles v. Wolfe
Ariz. Ct. App. Div. 1 2024
¶ 17 (App. 2009) (“[S]tandard principles of statutory construction require that we do not judicially impose a requirement the legislature has intentionally chosen not to require.”); ¶ 14 (App. 1998) (“When the legislature has specifically included a term in some places within a statute and excluded it in other places, courts will not read that term into the sections from which it was excluded.”).
- In Re Guardianship of A.K. 557 P.3d 770 Ariz. Ct. App. Div. 1 2024
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In Re Guardianship of A.K.
557 P.3d 770
Ariz. Ct. App. Div. 1 2024
¶ 14 (App. 1998) (We do not read terms into a provision from which they are specifically excluded.).
- Chalmers v. East Valley Ariz. Ct. App. Div. 1 2023
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Chalmers v. East Valley
Ariz. Ct. App. Div. 1 2023
See SolarCity Corp., 243 Ariz. at 480, ¶ 8 (“The best indicator of [the legislature’s] intent is the statute’s plain language, which we read in context with other statutes relating to the same subject or having the same general purpose[.]”); ¶ 14 (App. 1998) (“When the legislature has specifically included a term in some places within a statute and excluded it in other places, courts will not read that term into the sections from which it was excluded.”).
- Lyon v. Helton Ariz. Ct. App. Div. 1 2022
- Lyon v. Helton Ariz. Ct. App. Div. 1 2022
- Shepherd v. Costco 441 P.3d 989 Ariz. Ct. App. Div. 1 2019
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Shepherd v. Costco
441 P.3d 989
Ariz. Ct. App. Div. 1 2019
¶ 20 (App. 1998) (stating that a motion to dismiss should be denied unless it is “beyond doubt” that the plaintiff could prove no set of facts which would entitle him to relief) (–06 (App. 1991)).
- EMILY ANN McGUIRE v. STATE OF ARIZONA Ariz. Ct. App. Div. 2 2016
- McGuire v. Lee ex rel. County of Pima 372 P.3d 328 Ariz. Ct. App. Div. 2 2016
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McGuire v. Lee ex rel. County of Pima
372 P.3d 328
Ariz. Ct. App. Div. 2 2016
Id.; , (“When the legislature has specifically included a term in some places within a statute and excluded it in other places, courts will not read that term into the sections from which it was excluded.”).
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EMILY ANN McGUIRE v. STATE OF ARIZONA
Ariz. Ct. App. Div. 2 2016
Id.; (“When the legislature has specifically included a term in some places within a statute and excluded it in other places, courts will not read that term into the sections from which it was excluded.”).
- holder/carter v. Arizona Board of Regents Ariz. Ct. App. Div. 1 2015
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holder/carter v. Arizona Board of Regents
Ariz. Ct. App. Div. 1 2015
We assume the truth of all of the complaint’s material allegations and give the plaintiff “the benefit of all inferences which the complaint can reasonably support.” ¶ 17 (App. 1998) (quoting Gatecliff v. Great Republic Life Ins.
- Pinnamaneni v. Arizona Registrar of Contractors 347 P.3d 593 Ariz. Ct. App. Div. 1 2015
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Pinnamaneni v. Arizona Registrar of Contractors
347 P.3d 593
Ariz. Ct. App. Div. 1 2015
¶ 14, (“When the legislature has specifically included a term in some places within a statute and excluded it in other places, courts will not read that term into the sections from which it was excluded.”).
- Watts v. Medicis Pharmaceutical Corp. 342 P.3d 847 Ariz. Ct. App. Div. 1 2015
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Watts v. Medicis Pharmaceutical Corp.
342 P.3d 847
Ariz. Ct. App. Div. 1 2015
¶ 17, (citing Gatecliff v. Great Republic Life Ins.
- Robert Fleming v. State of Arizona, Az. Dept. of Public Safety, Gallivan 337 P.3d 1192 Ariz. Ct. App. Div. 2 2014
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Robert Fleming v. State of Arizona, Az. Dept. of Public Safety, Gallivan
337 P.3d 1192
Ariz. Ct. App. Div. 2 2014
§ 12-820.02(A); & n.4, & n.4 (App. 1998).
- Mario G. v. Arizona Department of Economic Security 257 P.3d 1162 Ariz. Ct. App. Div. 1 2011
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Mario G. v. Arizona Department of Economic Security
257 P.3d 1162
Ariz. Ct. App. Div. 1 2011
5 ¶ 14 , (“When the legislature has specifically included a term in some places within a statute and excluded it in other places, courts will not read that term into the sections from which it was excluded.”).
- Sharpe v. Arizona Health Care Cost Containment System 207 P.3d 741 Ariz. Ct. App. Div. 1 2009
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Sharpe v. Arizona Health Care Cost Containment System
207 P.3d 741
Ariz. Ct. App. Div. 1 2009
¶ 14 , (“When the legislature has specifically included a term in some places within a statute and excluded it in other places, courts will not read that term into the sections from which it was excluded.”).
- Hart v. Hart 204 P.3d 441 Ariz. Ct. App. Div. 1 2009
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Hart v. Hart
204 P.3d 441
Ariz. Ct. App. Div. 1 2009
¶ 14 , (“When the legislature has specifically included a term in some places within a statute and excluded it in other places, courts will not read that term into the sections from which it was excluded.”); see also U.S. Parking Sys.
- Joseph M. Arpaio v. Citizen Publishing Co. Mark Kimble Ariz. Ct. App. Div. 2 2008
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Joseph M. Arpaio v. Citizen Publishing Co. Mark Kimble
Ariz. Ct. App. Div. 2 2008
(“‘[W]hen the legislature has specifically included a term in some places within a statute and excluded it in other places, courts will not read that term into the sections from which it was excluded.’”), ¶ 14
- Callen v. Rogers 168 P.3d 907 Ariz. Ct. App. Div. 1 2007
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Callen v. Rogers
168 P.3d 907
Ariz. Ct. App. Div. 1 2007
¶ 31 Further, “[w]hen the legislature has specifically included a term in some places within a statute and excluded it in other places, courts will not read that term into the sections from which it was excluded.” ¶ 14
- Yarbrough v. Montoya-Paez 147 P.3d 755 Ariz. Ct. App. Div. 2 2006
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Yarbrough v. Montoya-Paez
147 P.3d 755
Ariz. Ct. App. Div. 2 2006
Fund Manager & Adm’r, , (‘Where the legislature has specifically used a term in certain places within a statute and excluded it in another place, courts will not read that term into the section from which it was excluded.”)
- John C. Lincoln Hospital v. Maricopa County 96 P.3d 530 Ariz. Ct. App. Div. 1 2004
- Followed John C. Lincoln Hospital v. Maricopa County 96 P.3d 530 Ariz. Ct. App. Div. 1 2004
- Pinal Vista Properties, L.L.C. v. Turnbull 91 P.3d 1031 Ariz. Ct. App. Div. 1 2004
- Followed Pinal Vista Properties, L.L.C. v. Turnbull 91 P.3d 1031 Ariz. Ct. App. Div. 1 2004
- State v. Gonzales 80 P.3d 276 Ariz. Ct. App. Div. 1 2003
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State v. Gonzales
80 P.3d 276
Ariz. Ct. App. Div. 1 2003
We also consider the application of another rule of statutory construction, which states that “[wjhen the legislature has specifically included a term in some places within a statute and excluded it in other places, courts will not read that term into the sections from which it was excluded.” ¶ 14 , (citing Ariz. Bd.
- Calnimptewa v. Flagstaff Police Department 30 P.3d 634 Ariz. Ct. App. Div. 1 2001
- Calnimptewa v. Flagstaff Police Department 30 P.3d 634 Ariz. Ct. App. Div. 1 2001
- Citadel Care Center v. Arizona Department of Revenue 25 P.3d 1158 Ariz. Ct. App. Div. 1 2001
- Citadel Care Center v. Arizona Department of Revenue 25 P.3d 1158 Ariz. Ct. App. Div. 1 2001