Cited by
Opinions in Arizona that cite Eng v. Stein, 599 P.2d 796.
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State Farm v. Balzan
Ariz. 2026
(holding that a judgment for damages and the foreclosure of a materialman’s lien against community property was void insofar as it purported to bind the wife, who was neither named nor served, and her community, but remained valid and enforceable against the husband separately).
- Castro v. Cartter Ariz. Ct. App. Div. 1 2023
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Castro v. Cartter
Ariz. Ct. App. Div. 1 2023
(“The existence of intent is one of the questions of fact for the jury’s [or finder of fact’s] determination.”).
- Kristi Lattin v. Shamrock Materials LLC Ariz. 2022
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Kristi Lattin v. Shamrock Materials LLC
Ariz. 2022
Joining spouses in an action on a community debt or obligation gives each spouse “notice and an opportunity to defend.” LATTIN V. SHAMROCK, ET AL. Opinion of the Court 345–46 (1979) (applying § 25-215(D) and holding that a judgment could not bind a wife or the couple’s community because the plaintiff sued only the husband on a community obliga
- Stern v. Stern Ariz. Ct. App. Div. 1 2016
- Stern v. Stern Ariz. Ct. App. Div. 1 2016
- Golonka v. General Motors Corp. 65 P.3d 956 Ariz. Ct. App. Div. 1 2003
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Golonka v. General Motors Corp.
65 P.3d 956
Ariz. Ct. App. Div. 1 2003
See, , (presumption of community property); , (presumption of adverse possession); , (presumption of legitimacy).
- National Union Fire Insurance Co. of Pittsburgh v. Greene 985 P.2d 590 Ariz. Ct. App. Div. 1 1999
- National Union Fire Insurance Co. of Pittsburgh v. Greene 985 P.2d 590 Ariz. Ct. App. Div. 1 1999
- Oyakawa v. Gillett 854 P.2d 1212 Ariz. Ct. App. Div. 1 1993
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Oyakawa v. Gillett
854 P.2d 1212
Ariz. Ct. App. Div. 1 1993
our supreme court held a judgment against a husband and wife was not enforceable against the wife or the community because she had never been named or served in the lawsuit.
- Heinig v. Hudman 865 P.2d 110 Ariz. Ct. App. Div. 1 1993
- Heinig v. Hudman 865 P.2d 110 Ariz. Ct. App. Div. 1 1993
- Flexmaster Aluminum Awning Co., Inc. v. Hirschberg 839 P.2d 1128 Ariz. Ct. App. Div. 1 1992
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Flexmaster Aluminum Awning Co., Inc. v. Hirschberg
839 P.2d 1128
Ariz. Ct. App. Div. 1 1992
our supreme court held a judgment against a husband and wife was not enforceable against the wife or the community because she had never been named or served in the lawsuit.
- Ammer v. Arizona Water Co. 818 P.2d 190 Ariz. Ct. App. Div. 1 1991
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Ammer v. Arizona Water Co.
818 P.2d 190
Ariz. Ct. App. Div. 1 1991
In re Estate of MacDonald, 4 Ariz.App.
- C & J TRAVEL, INC. v. Shumway 775 P.2d 1097 Ariz. Ct. App. Div. 2 1989
- C & J TRAVEL, INC. v. Shumway 775 P.2d 1097 Ariz. Ct. App. Div. 2 1989
- Harrington v. BEAUCHAMP ENTERPRISES 761 P.2d 1022 Ariz. 1988
- Harrington v. BEAUCHAMP ENTERPRISES 761 P.2d 1022 Ariz. 1988
- Scottsdale Memorial Health Systems, Inc. v. Clark 759 P.2d 602 Ariz. Ct. App. Div. 2 1987
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Scottsdale Memorial Health Systems, Inc. v. Clark
759 P.2d 602
Ariz. Ct. App. Div. 2 1987
First, while the record owner of the property must be named in a mechanic’s lien foreclosure suit, , Ballard v. Lawyers Title of Arizona, 27 Ariz.App.
- Geronimo Hotel & Lodge v. Putzi 728 P.2d 1227 Ariz. 1986
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Geronimo Hotel & Lodge v. Putzi
728 P.2d 1227
Ariz. 1986
However, since the husband could perform the guarantee separately, without his wife’s consent, Grimm reasoned that the husband’s separate estate was “liable on the guaranty.” 140 Ariz. at 458 , 682 P.2d at 463 ; accord Arizona Feeds v. A & R Argo, Inc.
- Nationwide Resources Corp. v. Massabni 694 P.2d 290 Ariz. Ct. App. Div. 2 1984
- Nationwide Resources Corp. v. Massabni 694 P.2d 290 Ariz. Ct. App. Div. 2 1984
- Mordka v. Mordka Enterprises, Inc. 693 P.2d 953 Ariz. Ct. App. Div. 2 1984
- Mordka v. Mordka Enterprises, Inc. 693 P.2d 953 Ariz. Ct. App. Div. 2 1984
- Boone v. Grier 688 P.2d 1070 Ariz. Ct. App. Div. 1 1984
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Boone v. Grier
688 P.2d 1070
Ariz. Ct. App. Div. 1 1984
“The burden of proof is upon the party seeking to establish that the jointly held property is in fact separate, rather than community, property.”
- Spudnuts, Inc. v. Lane 676 P.2d 669 Ariz. Ct. App. Div. 2 1984
- Spudnuts, Inc. v. Lane 676 P.2d 669 Ariz. Ct. App. Div. 2 1984
- Vikse v. Johnson 672 P.2d 193 Ariz. Ct. App. Div. 2 1983
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Vikse v. Johnson
672 P.2d 193
Ariz. Ct. App. Div. 2 1983
that a judgment entered against a wife who had neither been served nor named, and had not appeared, was void insofar as it attempted to bind her or the community.