Legal Opinion

Schwartz v. SUPERIOR CT. IN MARICOPA CTY.

Court of Appeals of Arizona

Decided September 24, 1996No. 1 CA-SA 96-0205PublishedCited by 19 opinions

1Opinion of the Court

TOCI, Judge.

Arthur J. Schwartz is an events promoter by profession. He petitioned this court for special action relief from the tax court’s order directing him to comply with a subpoena duces tecum issued by the Arizona Department of Revenue (“DOR”). We accepted jurisdiction of his petition and granted the requested relief. This opinion explains our decision.

I. JURISDICTIONAL ARGUMENT

We agree with petitioner that this case is one in which no plain, adequate or speedy remedy by appeal exists; the judge’s oral order directing Schwartz to comply with the subpoena duces tecum was unsigned, and no…

2Cases cited14 opinions

  1. United States v. Paul WalasekCourt of Appeals for the Third Circuit · 1975
  2. Cardon v. Cotton Lane Holdings, Inc.Arizona Supreme Court · 1992
  3. In re Penn Central Commercial Paper LitigationDistrict Court, S.D. New York · 1973
  4. McGarry v. Securities and Exchange CommissionCourt of Appeals for the Tenth Circuit · 1945
  5. Torres v. North American Van Lines, Inc.Court of Appeals of Arizona · 1982

9 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Braillard v. Maricopa CountyCourt of Appeals of Arizona · 2010
  2. State ex rel. Montgomery v. MathisCourt of Appeals of Arizona · 2012
  3. Arizona State Board of Regents Ex Rel. Arizona State University v. Arizona State Personnel BoardArizona Supreme Court · 1999
  4. State v. TaylorCourt of Appeals of Arizona · 2007
  5. Vince Leach v. Katie HobbsArizona Supreme Court · 2021

14 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API