Legal Opinion
Bryant v. Bloch Companies
Court of Appeals of Arizona
Decided October 25, 1990No. 1 CA-CV 88-592PublishedCited by 4 opinions
1Opinion of the Court
OPINION
BROOKS, Presiding Judge.
This appeal is from the trial court’s order striking, for lack of jurisdiction, a motion for damages and attorney’s fees incurred as the result of a wrongfully issued temporary restraining order. The trial court had previously quashed the restraining order because no complaint had ever been filed to commence an action. We hold that the pendency of an action is not a jurisdictional prerequisite to the imposition of sanctions under Rule 11, Arizona Rules of Civil Procedure. Accordingly, we reverse and remand for further proceedings.
FACTS
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2Cases cited7 opinions
- Szabo Food Service, Inc. v. Canteen CorporationCourt of Appeals for the Seventh Circuit · 1987
- Angela J. Wojan v. General Motors Corporation, a Delaware CorporationCourt of Appeals for the Seventh Circuit · 1988
- Orange Production Credit Ass'n v. Frontline Ventures Ltd.Court of Appeals for the Ninth Circuit · 1986
- Boone v. SUPER. CT. IN AND FOR MARICOPA CTY.Arizona Supreme Court · 1985
- Warren v. ArztDistrict Court, S.D. New York · 1955
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3Cited by4 opinions
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- Anderson v. Production Credit Ass'nSouth Dakota Supreme Court · 1992
- Anderson v. Production Credit Ass'nSouth Dakota Supreme Court · 1992
- Nesbitt v. Bullhead City, City ofDistrict Court, D. Arizona · 2020