Legal Opinion
Robinson v. Higuera
Court of Appeals of Arizona
Decided August 16, 1988No. 1 CA-CIV 9882PublishedCited by 20 opinions
1Opinion of the Court
OPINION
KLEINSCHMIDT, Judge.
This is an appeal from a default judgment entered as a sanction for failure to comply with a discovery order. The sanction was imposed under the authority of Rule 37(b)(2), Arizona Rules of Civil Procedure. The sole issue is whether there is sufficient evidence in the record to support the court’s order. It is our opinion that the entry of default as a sanction for the attorney’s dereliction, as opposed to the client’s, is unauthorized. The record as it now stands does not clearly show that the client was derelict or obstructive. We remand this case so that the…
2Cases cited7 opinions
- Link v. Wabash RailroadSupreme Court of the United States · 1962
- Kenneth Edgar, D/B/A Defense Surplus Sales Expeditors v. William J. Slaughter, D/B/A Champlin Food & Fuel Center, Etc.Court of Appeals for the Eighth Circuit · 1977
- Zakroff v. MayCourt of Appeals of Arizona · 1968
- Birds International Corp. v. Arizona Maintenance Co.Court of Appeals of Arizona · 1983
- Treadaway v. MeadorArizona Supreme Court · 1968
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Wyatt v. WehmuellerArizona Supreme Court · 1991
- Marquez v. OrtegaCourt of Appeals of Arizona · 2013
- Montgomery Ward & Co. v. Superior CourtCourt of Appeals of Arizona · 1993
- Nesmith v. Superior CourtCourt of Appeals of Arizona · 1990
- Wayne Cook Enterprises, Inc. v. Fain Properties Ltd. PartnershipCourt of Appeals of Arizona · 1999
15 more not listed; retrieve them via the Exa API.