Cited by
Opinions in Arizona that cite Monaghan v. Kennerdell, 227 P.2d 227.
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Whiles v. Jones
Ariz. Ct. App. Div. 1 2021
Nor does the law of the case doctrine apply to matters “expressly reserved” or to decisions that are “ambiguous and uncertain.” In re Monaghan’s Estate
- Parmeley v. Carr Ariz. Ct. App. Div. 1 2020
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Taraska v. Taraska
Ariz. Ct. App. Div. 1 2019
(quoting In re Monaghan’s Estate, ).
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State of Arizona v. James Darrell Johnson
Ariz. Ct. App. Div. 2 2012
in the same case, provided the facts and issues are substantially the same as those on which the first decision rested’”), quoting In re Monaghan’s Estate, 71 Ariz. 334, 336
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State v. Bocharski
189 P.3d 403
Ariz. 2008
(quoting In re Monaghan’s Estate, ).
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In Re the Commitment of Conn
85 P.3d 474
Ariz. Ct. App. Div. 2 2004
See King; In re Monaghan’s Estate
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Commitment of Jerry Michael Conn
Ariz. Ct. App. Div. 2 2004
See King ; In re Monaghan’s Estate
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Davis v. Davis
985 P.2d 643
Ariz. Ct. App. Div. 1 1999
It reflects the need for “an end to litigation and a final decision that parties can rely on.” Monaghan’s Estate
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Samaritan Health System v. Caldwell
957 P.2d 1373
Ariz. Ct. App. Div. 1 1998
Again, in In re Monaghan’s Estate, , the court stated that the survivor takes one-half of the community property in her own right as owner and not as heir but that the property is subject to the community debts.
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State v. King
883 P.2d 1024
Ariz. 1994
Monaghan’s Estate, , (citations omitted); see also 5 Am.Jur.2d Appeal and Error § 744 (1962); Annotation, Erroneous Decision as Law of the Case on Subsequent Appellate Review, 87 A.L.R.2d 271 , 275 (1963).
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In the Matter of Estates of Spear
845 P.2d 491
Ariz. Ct. App. Div. 1 1992
See In re Foreman’s Estate, , (title to surviving spouse’s interest in community real property is immediately vested); In re Monaghan’s Estate, , (survivor of marital community takes one-half of community property in his own right as owner and not as heir).
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Dancing Sunshines Lounge v. Industrial Commission
720 P.2d 81
Ariz. 1986
See In Re Monaghan’s Estate, , 5 Am.Jur.2d Appeal and Error § 754 (1962).
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Cagle v. Carlson
705 P.2d 1343
Ariz. Ct. App. Div. 1 1985
In the case of In Re Monaghan’s Estate, , our supreme court addressed the effect a prior appellate decision has on subsequent determinations in the same case.
- Pridgeon v. Superior Court 655 P.2d 1 Ariz. 1982
- State v. Clifton 656 P.2d 634 Ariz. Ct. App. Div. 1 1982
- State v. Reynolds 597 P.2d 1020 Ariz. Ct. App. Div. 2 1979
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Stearns-Roger Corp. v. Hartford Accident & Indemnity Co.
571 P.2d 278
Ariz. Ct. App. Div. 2 1976
The phrase “law of the case” was extensively discussed in the case of In Re Monaghan’s Estate, , where the court states that it is well settled that a judgment of an appellate court in a case becomes the law in that particular case and is not subject to review thereafter on a second appeal.
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Linsenmeyer v. Hancock
533 P.2d 1181
Ariz. Ct. App. Div. 1 1975
.” , 291 P. 1003 quoted in In Re Monaghan’s Estate
- State Ex Rel. Herman v. Schaffer 515 P.2d 593 Ariz. 1973
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Feffer v. Newman
497 P.2d 389
Ariz. Ct. App. Div. 1 1972
In re Monaghan’s Estate, , In re Foreman’s Estate, , , In re Coffee’s Estate, 19 Cal.2d 248 , In re Haselbud’s Estate, 26 Cal.App.2d 375 , In re Condos’ Estate, 70 Nev.
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Rail N Ranch Corporation v. State
441 P.2d 786
Ariz. Ct. App. Div. 2 1968
Graham County Electric Co-op., , In re Monaghan’s Estate, , , 291 P. 1003 (1930).
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In Re Foreman's Estate
407 P.2d 102
Ariz. 1965
for the proposition that where there are community property debts at the time of one spouse's death, the entire estate must be probated.
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First National Bank v. Thomason
407 P.2d 102
Ariz. 1965
In re Monaghan’s Estate, , ; In re Monaghan’s Estate, , ; In re Monaghan’s Estate, , , for the proposition that where there are community property debts at the time of one spouse’s death, the entire estate must be probated.
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First National Bank v. Thomason
398 P.2d 175
Ariz. Ct. App. Div. 2 1965
Nowland v. Vinyard, supra; In re Monaghan’s Estate (1946) , ; In re Monaghan’s Estate (1950) , ; In re Monaghan’s Estate (1951) , .
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Harbel Oil Co. v. Superior Court of Maricopa County
345 P.2d 427
Ariz. 1959
In re Monaghan’s Estate, , .
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In Re Jacob's Estate
305 P.2d 438
Ariz. 1956
sought to be settled and determined should have been addressed to another court having jurisdiction to determine controversies involving title to real property.” The modern trend indicated in the cases cited by appellant harmonizes with the Faulkner and Wilson cases; other Arizona cases of like tenor are the following: In re Anderson’s Estate, , 158 P. 457 ; In re Monaghan’s Estate, , ; , ; , , 29 A.L.R.2d 518 ; , 275 P. 2 .
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Sibley v. Jeffreys
305 P.2d 427
Ariz. 1956
In re Monaghan’s Estate, , , on rehearing , ; , ; Western Coal & , ; , 298 P. 631 ; , 291 P. 1003 ; , 146 P. 504 .