Cited by
Opinions in Arizona that cite Montano v. Scottsdale Baptist Hospital, Inc., 581 P.2d 682.
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McMahan v. Grasshopper
Ariz. 2026
See Montano v. Scottsdale Baptist Hosp., Inc., State ex rel.
- JARVIS v. ASSA ABLOY Ariz. Ct. App. Div. 1 2026
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JARVIS v. ASSA ABLOY
Ariz. Ct. App. Div. 1 2026
at ¶ 23 (quoting Montano v. Scottsdale Baptist Hosp., Inc., ).
- In Re Termination of Parental Rights as to D.S. Ariz. Ct. App. Div. 1 2026
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In Re Termination of Parental Rights as to D.S.
Ariz. Ct. App. Div. 1 2026
¶ 18 (App. 2009) (“A party has made a general appearance when he has taken any action, other than objecting to personal jurisdiction, that recognizes the case is pending in court.”); see also Montano v. Scottsdale Baptist Hosp., Inc., (“[A] general appearance by a party who has not been properly served has exactly the same effect as a proper, timely and valid service of process.”); Ariz. R.P.
- McMahan v. Grasshopper Ariz. Ct. App. Div. 1 2025
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McMahan v. Grasshopper
Ariz. Ct. App. Div. 1 2025
The Arizona Supreme Court applied the rule in just this way in Montano v. Scottsdale Baptist Hospital, Inc.
- Bondurant v. Yelle Ariz. Ct. App. Div. 1 2025
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Bondurant v. Yelle
Ariz. Ct. App. Div. 1 2025
The superior court’s finding that Wife had actual knowledge of the proceedings did not salvage its jurisdiction, because a party’s actual knowledge of a pending lawsuit “will not operate to cure a defect in service.” with Montano v. Scottsdale Baptist Hosp., Inc., (“It is a rule of ancient and universal application that a general appearance by a party who has not been properly served has exactly the same effect as a proper, timely and valid service of process.”).
- State v. Cardoza Ariz. Ct. App. Div. 1 2024
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State v. Cardoza
Ariz. Ct. App. Div. 1 2024
See Montano v. Scottsdale Baptist Hosp., Inc., (“No general rule is better established than that a witness cannot be contradicted for the purposes of impeachment as to collateral matters.”).
- Ingram v. Hernandez Ariz. Ct. App. Div. 1 2024
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Ingram v. Hernandez
Ariz. Ct. App. Div. 1 2024
See Montano v. Scottsdale Baptist Hosp., Inc., (a party’s appearance despite lack of service renders service unnecessary).
- Sharon Crain-Hodge v. Sharnai Fisher Ariz. 2022
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Sharon Crain-Hodge v. Sharnai Fisher
Ariz. 2022
P. 4(f)(3)–(4); see also Montano v. Scottsdale Baptist Hosp., Inc., (“It is a rule of ancient and universal application that a general appearance by a party who has not been properly served has exactly the same effect as a proper, timely and valid service of process.”).
- Stevens-El v. Ades Ariz. Ct. App. Div. 1 2022
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Stevens-El v. Ades
Ariz. Ct. App. Div. 1 2022
See Montano v. Scottsdale Baptist Hosp., Inc., ("It is a rule of ancient and universal application that a general appearance by a party who has not been properly served has exactly the same effect as a proper, timely and valid service of process.").
- Parmeley v. Carr Ariz. Ct. App. Div. 1 2020
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Parmeley v. Carr
Ariz. Ct. App. Div. 1 2020
A “general appearance by a party who has not been properly served has exactly the same effect as a proper, timely and valid service of process.” Montano v. Scottsdale Baptist Hosp., Inc.
- Dellaripa v. Hon. holding/dellaripa Ariz. Ct. App. Div. 1 2017
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Dellaripa v. Hon. holding/dellaripa
Ariz. Ct. App. Div. 1 2017
HOLDING/DELLARIPA Decision of the Court See also Montano v. Scottsdale Baptist Hosp., Inc., (“It is a rule of ancient and universal application that a general appearance by a party who has not been properly served has exactly the same effect as a proper, timely and valid service of process.”).
- Erdmann v. Burton Ariz. Ct. App. Div. 1 2016
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Erdmann v. Burton
Ariz. Ct. App. Div. 1 2016
These repeated failures to object waived this argument on appeal.5 See Montano v. Scottsdale Baptist Hosp., Inc., (a party may not claim a jury instruction was in error on appeal if he or she did not object before the jury receives the instructions and retires to consider its verdict); Trustmark Ins.
- Scott v. Neal Ariz. Ct. App. Div. 1 2015
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Scott v. Neal
Ariz. Ct. App. Div. 1 2015
titute a general appearance,” Burton, 205 Ariz. at 29, ¶ 8 ( and Austin, 10 Ariz. App. at 477), and “it is a rule of ancient and universal application that a general appearance by a party who has not been properly served has exactly the same effect as a proper, timely and valid service of process.” Montano v. Scottsdale Baptist Hosp., Inc., (citations omitted).
- Seronde v. bnsf/morris Ariz. Ct. App. Div. 1 2015
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Seronde v. bnsf/morris
Ariz. Ct. App. Div. 1 2015
Inc., -54 (1978) (jury instruction); (Amtrak), 929 F. Supp. 414, 415 (S.D.
- Krieger v. Duick Ariz. Ct. App. Div. 1 2015
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Krieger v. Duick
Ariz. Ct. App. Div. 1 2015
See Montano v. Scottsdale Baptist Hosp., Inc., (“It is settled that an appellate court will not review on appeal alleged error at trial [if] the appealing party has failed to make a proper record in the form of an objection, stating specifically the grounds therefore or, if the ruling is one excluding evidence, an offer of proof.”)
- Ellman Land Corp. v. Maricopa County 884 P.2d 217 Ariz. Ct. App. Div. 1 1994
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Ellman Land Corp. v. Maricopa County
884 P.2d 217
Ariz. Ct. App. Div. 1 1994
see also Montano v. Scottsdale Baptist Hosp., Inc., , (filing of answer without having been served with process constituted voluntary appearance); , (participating in joint pretrial statement without mentioning defense of insufficient service of process constituted volunta
- Cohn v. Industrial Com'n of Arizona 874 P.2d 315 Ariz. 1994
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Cohn v. Industrial Com'n of Arizona
874 P.2d 315
Ariz. 1994
Generally, an offer of proof “is a prerequisite to an appellate argument of admissibility of excluded evidence.” , (citing Montano v. Scottsdale Baptist Hosp., Inc., , ).
- Rhue v. Dawson 841 P.2d 215 Ariz. Ct. App. Div. 1 1992
- Rhue v. Dawson 841 P.2d 215 Ariz. Ct. App. Div. 1 1992
- Deese v. State Farm Mutual Automobile Insurance 813 P.2d 318 Ariz. Ct. App. Div. 1 1991
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Deese v. State Farm Mutual Automobile Insurance
813 P.2d 318
Ariz. Ct. App. Div. 1 1991
See Montano v. Scottsdale Baptist Hospital, Inc., , (failure to object at trial to an error in the jury instructions amounts to waiver).
- Ritchie v. Grand Canyon Scenic Rides 799 P.2d 801 Ariz. 1990
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Ritchie v. Grand Canyon Scenic Rides
799 P.2d 801
Ariz. 1990
Montano v. Scottsdale Baptist Hosp., Inc.
- Millers National Insurance v. Taylor Freeman Insurance Agency 779 P.2d 365 Ariz. Ct. App. Div. 2 1989
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Millers National Insurance v. Taylor Freeman Insurance Agency
779 P.2d 365
Ariz. Ct. App. Div. 2 1989
See Montano v. Scottsdale Baptist Hospital, Inc.
- Warfel v. Cheney 758 P.2d 1326 Ariz. Ct. App. Div. 1 1988
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Warfel v. Cheney
758 P.2d 1326
Ariz. Ct. App. Div. 1 1988
Montano v. Scottsdale Baptist Hosp., Inc.
- Bradshaw v. State Farm Mutual Automobile Insurance 758 P.2d 1313 Ariz. 1988
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Bradshaw v. State Farm Mutual Automobile Insurance
758 P.2d 1313
Ariz. 1988
See Rule 51(a), Ariz.R.Civ.P., 16 A.R.S.; -54 , -88 (1978).
- Marriage of Molloy v. Molloy 761 P.2d 138 Ariz. Ct. App. Div. 2 1988
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Marriage of Molloy v. Molloy
761 P.2d 138
Ariz. Ct. App. Div. 2 1988
Though offers of proof are usually prerequisite to appellate argument against the exclusion of evidence, Montano v. Scottsdale Baptist Hospital, Inc., , there are exceptions to the rule.
- Melton v. SUPERIOR COURT, GILA COUNTY 739 P.2d 1357 Ariz. Ct. App. Div. 2 1987
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Melton v. SUPERIOR COURT, GILA COUNTY
739 P.2d 1357
Ariz. Ct. App. Div. 2 1987
The real party in interest cites Montano v. Scottsdale Baptist Hospital, Inc., , to support her argument regarding waiver.
- Reilly v. SUPER. CT. IN & FOR MARICOPA CTY. 687 P.2d 1295 Ariz. Ct. App. Div. 1 1984