Cited by
Opinions in Arizona that cite Wyatt v. Wehmueller, 806 P.2d 870.
- State of Arizona v. Kyle Andrew Stoll 370 P.3d 1130 Ariz. Ct. App. Div. 2 2016
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State of Arizona v. Kyle Andrew Stoll
370 P.3d 1130
Ariz. Ct. App. Div. 2 2016
However, if it is ambiguous, we may consider other factors such as “‘the context of the statute, the language used, the subject matter, its historical background, its effects and consequences, and its spirit and purpose.’” Id.
- State of Arizona Ex Rel. Polk v. Hon. campbell/francis Frederick Kraps 372 P.3d 929 Ariz. 2016
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State of Arizona Ex Rel. Polk v. Hon. campbell/francis Frederick Kraps
372 P.3d 929
Ariz. 2016
the statute is subject to more than one reasonable interpretation, we consider secondary principles of statutory interpretation, such as “the context of the statute, the language used, the subject matter, its historical background, its effects and consequences, and its spirit and purpose.” Ariz. Citizens Clean Elections Comm’n, 234 Ariz. at 325 ¶ 11, 322 P.3d at 142 ( ).
- State v. Turner 372 P.3d 334 Ariz. Ct. App. Div. 1 2016
- State v. Turner 372 P.3d 334 Ariz. Ct. App. Div. 1 2016
- Tucson Estates Property Owners Association, Inc. v. McGovern, Sines 366 P.3d 111 Ariz. Ct. App. Div. 2 2016
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Tucson Estates Property Owners Association, Inc. v. McGovern, Sines
366 P.3d 111
Ariz. Ct. App. Div. 2 2016
v. Gaines, (within constitutional limits, legislature may alter common law “when its intent to do so is ‘clearly and plainly manifest[ed]’”), (alteration in Gaines).
- Marsh v. Mayer 361 P.3d 383 Ariz. Ct. App. Div. 1 2015
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Marsh v. Mayer
361 P.3d 383
Ariz. Ct. App. Div. 1 2015
(“historical background” and “spirit and purpose” of legislation may be considered in determining legislative intent).
- State v. Hon ainley/head Ariz. Ct. App. Div. 1 2015
- State v. Hon ainley/head Ariz. Ct. App. Div. 1 2015
- Grubaugh v. Hon blomo/lawrence 359 P.3d 1008 Ariz. Ct. App. Div. 1 2015
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Grubaugh v. Hon blomo/lawrence
359 P.3d 1008
Ariz. Ct. App. Div. 1 2015
§ 12-2236 does not abrogate common law forms of waiver); (“[A]bsent a manifestation of legislative intent to repeal a common law rule, we will construe statutes as consistent with the common law”); (explaining that if the common law is to be “changed, supplemented, or abrogated by statute,” such a change must be express or a necessary implication of the statutory language).
- State ex rel. Polk v. Campbell 357 P.3d 144 Ariz. Ct. App. Div. 1 2015
- State ex rel. Polk v. Campbell 357 P.3d 144 Ariz. Ct. App. Div. 1 2015
- State of Arizona v. Ronald James Sisco II 359 P.3d 1 Ariz. Ct. App. Div. 2 2015
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State of Arizona v. Ronald James Sisco II
359 P.3d 1
Ariz. Ct. App. Div. 2 2015
If the law is ambiguous, “[w]e consider secondary principles of statutory interpretation, such as ‘the context of the statute, the language used, the subject matter, its historical background, its effects and consequences, and its spirit and purpose.’ ” Brain, , 322 P.3d at 142
- Diana Glazer v. State of Arizona 347 P.3d 1141 Ariz. 2015
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Diana Glazer v. State of Arizona
347 P.3d 1141
Ariz. 2015
If it is ambiguous, however, we consider other factors, including “the context of the statute, the language used, the subject matter, its historical background, its effects and consequences, and its spirit and purpose.”
- Wilson v. Pnc Ariz. Ct. App. Div. 1 2015
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Wilson v. Pnc
Ariz. Ct. App. Div. 1 2015
See Wyatt v. 13 (“plaintiff must be entitled to actual damages before being entitled to punitive damages”).
- Spirlong v. Browne 336 P.3d 779 Ariz. Ct. App. Div. 1 2014
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Spirlong v. Browne
336 P.3d 779
Ariz. Ct. App. Div. 1 2014
Further, if the statutory language is not clear, we may consider other factors, including “the language used, the subject matter, its historical background, its effects and consequences, and its spirit and purpose.”
- Clean Elections v. Hon. brain/bennett Ariz. 2014
- Arizona Citizens Clean Elections Commission v. Brain 322 P.3d 139 Ariz. 2014
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Clean Elections v. Hon. brain/bennett
Ariz. 2014
But if the statute is ambiguous, we consider secondary principles of statutory interpretation, such as “the context of the statute, the language used, the subject matter, its historical background, its effects and consequences, and its spirit and purpose.” (citation omitted).
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Arizona Citizens Clean Elections Commission v. Brain
322 P.3d 139
Ariz. 2014
But if the statute is ambiguous, we consider secondary principles of statutory interpretation, such as “the context of the statute, the language used, the subject matter, its historical background, its effects and consequences, and its spirit and purpose.” (citation omitted).
- Karl v. US Bank National Ass'n 308 P.3d 1173 Ariz. Ct. App. Div. 1 2013
- Karl v. US Bank National Ass'n 308 P.3d 1173 Ariz. Ct. App. Div. 1 2013
- State v. Doty 307 P.3d 69 Ariz. Ct. App. Div. 1 2013
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State v. Doty
307 P.3d 69
Ariz. Ct. App. Div. 1 2013
Finally, we “must read the statute as a whole, and give meaningful operation to all of its provisions.”
- Cable One, Inc. v. Arizona Department of Revenue 304 P.3d 1098 Ariz. Ct. App. Div. 1 2013
- Cable One, Inc. v. Arizona Department of Revenue 304 P.3d 1098 Ariz. Ct. App. Div. 1 2013
- State v. Loney 287 P.3d 836 Ariz. Ct. App. Div. 1 2012
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State v. Loney
287 P.3d 836
Ariz. Ct. App. Div. 1 2012
(noting that when the statute’s language is not clear, we determine legislative intent by considering factors such as the statute’s context, subject matter, historical background, effects and consequences, and spirit and purpose).
- PNC Bank v. Cabinetry by Karman, Inc. 284 P.3d 874 Ariz. Ct. App. Div. 1 2012
- PNC Bank v. Cabinetry by Karman, Inc. 284 P.3d 874 Ariz. Ct. App. Div. 1 2012
- Saldate v. Montgomery 268 P.3d 1152 Ariz. Ct. App. Div. 1 2012
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Saldate v. Montgomery
268 P.3d 1152
Ariz. Ct. App. Div. 1 2012
(“Each word, phrase, and sentence must be given meaning so that no part will be [void], inert, redundant, or trivial.”); , (“A court also should interpret two sections of the same statute consistently, especially when they use identical language.”).
- Delmastro & Eells v. Taco Bell Corp. Ariz. Ct. App. Div. 2 2011
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Delmastro & Eells v. Taco Bell Corp.
Ariz. Ct. App. Div. 2 2011
For example, damages may not be recovered from a client when his attorney filed a lis pendens without the client‟s knowledge or consent.
- Tom Mulcaire Contracting, LLC v. City of Cottonwood 260 P.3d 1098 Ariz. Ct. App. Div. 1 2011
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Tom Mulcaire Contracting, LLC v. City of Cottonwood
260 P.3d 1098
Ariz. Ct. App. Div. 1 2011
Accordingly, we must apply principles of statutory construction and “give effect to the legislative intent” by reading the statute as a whole and considering “the context of the statute, the language used, the subject matter, its historical background, its effects and consequences, and its spirit and purpose.”
- Fagerlie v. MARKHAM CONTRACTING CO., INC. 258 P.3d 185 Ariz. Ct. App. Div. 1 2011
- Fagerlie v. MARKHAM CONTRACTING CO., INC. 258 P.3d 185 Ariz. Ct. App. Div. 1 2011
- Loftus v. Arizona State University Public Safety Personnel Retirement System Local Board 255 P.3d 1020 Ariz. Ct. App. Div. 1 2011
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Loftus v. Arizona State University Public Safety Personnel Retirement System Local Board
255 P.3d 1020
Ariz. Ct. App. Div. 1 2011
lausible interpretations of the statute and the plain language does not unambiguously address the issue presented, we “must read the statute as a whole, and give meaningful operation to all of its provisions,” by considering “the context of the statute, the language used, the subject matter, its historical background, its effects and consequences, and its spirit and purpose.” , see Dietz v. Gen.
- Young v. Beck 251 P.3d 380 Ariz. 2011
- Young v. Beck 251 P.3d 380 Ariz. 2011