American Asphalt & Grading Co. v. CMX, L.L.C.

OPINION

BRUTINEL, Justice.

¶ 1 Arizona Rule of Civil Procedure 38.1(e) requires the superior court to “promptly notify counsel in writing of the placing of cases on the Inactive Calendar.” We hold that a notice issued several months prior to placing the case on the Inactive Calendar does not comply with this rule.

I

¶ 2 In April 2008, American Asphalt and Grading Company (“American Asphalt”) sued CMX, L.L.C., for professional negligence and breach of implied warranty. On October 1, 2008, the Maricopa County Superior Court issued an order (“150-Day Order”) informing American Asphalt that if it did…