Legal Opinion

Powell-Cerkoney v. TCR-Montana Ranch Joint Venture

Court of Appeals of Arizona

Decided August 31, 1993No. 1 CA-CV 91-0214PublishedCited by 39 opinions

1Opinion of the Court

OPINION

RUTH V. McGREGOR, Presiding Judge.

In this appeal, we hold that a trial judge’s legal conclusions underlying an order denying an application for a preliminary injunction do not operate as law of the case to prevent another trial court judge who later considers a motion for summary judgment from conducting an independent legal analysis of the issues.

I

Several owners (the owners) of homes or lote in Montana Ranch, a Scottsdale, Arizona subdivision, filed a declaratory judgment action to enjoin TCR-Montana Ranch Joint Venture, II and Trammell Crow Homes Arizona, Inc. (TCR) from amending the…

2Cases cited28 opinions

  1. University of Texas v. CamenischSupreme Court of the United States · 1981
  2. Orme School v. ReevesArizona Supreme Court · 1990
  3. Hamilton Watch Co. v. Benrus Watch Co., IncCourt of Appeals for the Second Circuit · 1953
  4. Mayo v. Lakeland Highlands Canning Co.Supreme Court of the United States · 1940
  5. Walker Memorial Baptist Church, Inc. v. SaundersNew York Court of Appeals · 1941

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

3Cited by39 opinions

  1. Grand v. NacchioCourt of Appeals of Arizona · 2006
  2. Lloyd v. State Farm Mutual Automobile InsuranceCourt of Appeals of Arizona · 1996
  3. Jimenez v. Wal-Mart Stores, Inc.Court of Appeals of Arizona · 2003
  4. Bogard v. CANNON & WENDT ELEC. CO., INC.Court of Appeals of Arizona · 2009
  5. Cypress on Sunland Homeowners Ass'n v. OrlandiniCourt of Appeals of Arizona · 2011

34 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