Appellate Practice
Once a court or administrative agency renders a decision on a case, the parties often have the right to appeal the decision to a higher court. The appeals process presents unique challenges and hurdles which require specialized skills and knowledge to properly address. Udall, Shumway and Lyons has an experienced Appellate Practice Group that has drafted appellate briefs for and argued appeals before the Arizona Court of Appeals and Supreme Court as well as federal Circuit Courts of Appeals. If you are considering an appeal, please contact a member of our Appellate Practice Group, listed below, for a consultation.
Roger C. Decker
Steven H. Everts
Bradley D. Gardner
Jill K. Osborne
David R. Schwartz
Some of the reported opinions resulting from appeals handled by the Appellate Practice Group at Udall, Shumway & Lyons include:
Darner Motor Sales, Inc. v. Universal Underwriters Ins. Co.
140 Ariz. 383, 682 P.2d 388 (1984)
In this landmark opinion, the Arizona Supreme Court introduced the doctrine of reasonable expectations which now governs the interpretation of insurance contracts in Arizona. The court held that standardized insurance policy provisions will not be enforced if they are contrary to the insurer’s reasonable expectations.
Faber v. Althoff
168 Ariz. 213, 812 P.2d 1031 (App. 1990)
The Arizona Court of Appeals granted a creditor a reversal of the lower court’s ruling in favor of the debtor and held that the creditor was not precluded from proceeding in a separate action to recover a deficiency from individual partners who were not named or served in a prior foreclosure action.
C&J Travel, Inc. v. Shumway
161 Ariz. 33, 775 P.2d 1097 (App. 1989)
A lower court ruling regarding a creditor’s right to execute a judgment against the community property of a married couple was upheld by the Arizona Court of Appeals. The court held that the creditor could not reach the couple’s community property to satisfy an out of state judgment because the wife was not a party to the out of state lawsuit and a new lawsuit could not be instigated in Arizona adding the wife as a defendant because the matter had already been adjudicated in the other state.
Correa v. Curbey
124 Ariz. 480, 605 P.2d 458 (App. 1979)
Court of Appeals decision regarding property damage of adjacent landowners to blasting operation.
Angle v. Marco Builders, Inc.
128 Ariz. 396, 626 P.2d 126 (1981)
Arizona Supreme Court decision interpreting a real estate purchase contract.
James v. Cox
130 Ariz. 152, 634 P.2d 964 (App. 1981)
Court of Appeals opinion regarding personal injury trial.
Kay S. v. Mark S.
213 Ariz 373; 142 P.3d 249 (Ariz. App. 2006)
Preferred Risk v. Tank
146 Ariz. 33; 703 P.2d 580 (Ariz. App. 1985)
Pruitt v. Pavelin
141 Ariz. 195, 685 P.2d 1347 (Ariz. App. 1984)
Rocky Mtn. Fire and Cas. Co. v. Biddulph Oldsmobile
131 Ariz. 289, 640 P.2d 851 (Ariz. 1982)
Sneed v. Belt
130 Ariz. 229, 635 P.2d 517 (Ariz. App. 1981)
Lowman V. City of Mesa
125 Ariz. 590, 611 P.2d 943 (Ariz. App. 1980)
In re Marriage of Foster
125 Ariz. 590, 611 P.2d 943 (Ariz. App. 1980)
Custom Roofing Co. Inc. v. Transamerica Inc. Co.
120 Ariz. 196, 584 P.2d 1187 (Ariz. App. 1978)
Guthrie v. City of Scottsdale
153 Fed. Appx. 987 (9th Cir., 2005)
Arthur Children’s Trust v. Keim
994 F.2d 1390 (9th Cir., 1993)
Roger C. Decker
Steven H. Everts
Bradley D. Gardner
Jill K. Osborne
David R. Schwartz
Some of the reported opinions resulting from appeals handled by the Appellate Practice Group at Udall, Shumway & Lyons include:
Darner Motor Sales, Inc. v. Universal Underwriters Ins. Co.
140 Ariz. 383, 682 P.2d 388 (1984)
In this landmark opinion, the Arizona Supreme Court introduced the doctrine of reasonable expectations which now governs the interpretation of insurance contracts in Arizona. The court held that standardized insurance policy provisions will not be enforced if they are contrary to the insurer’s reasonable expectations.
Faber v. Althoff
168 Ariz. 213, 812 P.2d 1031 (App. 1990)
The Arizona Court of Appeals granted a creditor a reversal of the lower court’s ruling in favor of the debtor and held that the creditor was not precluded from proceeding in a separate action to recover a deficiency from individual partners who were not named or served in a prior foreclosure action.
C&J Travel, Inc. v. Shumway
161 Ariz. 33, 775 P.2d 1097 (App. 1989)
A lower court ruling regarding a creditor’s right to execute a judgment against the community property of a married couple was upheld by the Arizona Court of Appeals. The court held that the creditor could not reach the couple’s community property to satisfy an out of state judgment because the wife was not a party to the out of state lawsuit and a new lawsuit could not be instigated in Arizona adding the wife as a defendant because the matter had already been adjudicated in the other state.
Correa v. Curbey
124 Ariz. 480, 605 P.2d 458 (App. 1979)
Court of Appeals decision regarding property damage of adjacent landowners to blasting operation.
Angle v. Marco Builders, Inc.
128 Ariz. 396, 626 P.2d 126 (1981)
Arizona Supreme Court decision interpreting a real estate purchase contract.
James v. Cox
130 Ariz. 152, 634 P.2d 964 (App. 1981)
Court of Appeals opinion regarding personal injury trial.
Kay S. v. Mark S.
213 Ariz 373; 142 P.3d 249 (Ariz. App. 2006)
Preferred Risk v. Tank
146 Ariz. 33; 703 P.2d 580 (Ariz. App. 1985)
Pruitt v. Pavelin
141 Ariz. 195, 685 P.2d 1347 (Ariz. App. 1984)
Rocky Mtn. Fire and Cas. Co. v. Biddulph Oldsmobile
131 Ariz. 289, 640 P.2d 851 (Ariz. 1982)
Sneed v. Belt
130 Ariz. 229, 635 P.2d 517 (Ariz. App. 1981)
Lowman V. City of Mesa
125 Ariz. 590, 611 P.2d 943 (Ariz. App. 1980)
In re Marriage of Foster
125 Ariz. 590, 611 P.2d 943 (Ariz. App. 1980)
Custom Roofing Co. Inc. v. Transamerica Inc. Co.
120 Ariz. 196, 584 P.2d 1187 (Ariz. App. 1978)
Guthrie v. City of Scottsdale
153 Fed. Appx. 987 (9th Cir., 2005)
Arthur Children’s Trust v. Keim
994 F.2d 1390 (9th Cir., 1993)