Legal Opinion
Wayne Cook Enterprises, Inc. v. Fain Properties Ltd. Partnership
Court of Appeals of Arizona
Decided August 2, 1999No. 1 CA-CV 98-0478PublishedCited by 16 opinions
1Opinion of the Court
OPINION
TOCI, Judge.
¶ 1 Plaintiff Wayne Cook Enterprises, Inc. (“Cook”) appeals from the trial court’s dismissal of Cook’s action for untimely disclosure. Restated, the issues raised by this appeal, and our resolution of those issues, are as. follows:
1. Does Rule 37(d) of the Arizona Rules of Civil Procedure (Supp.1998) authorize dismissal as a sanction when a party is blameless for his attorney’s failure to timely disclose an unfavorable document?
No. Rule 37(d) does not change existing law. Dismissal is warranted only when the trial court expressly finds that the party, as opposed to the…
2Cases cited7 opinions
- Wagenseller v. Scottsdale Memorial HospitalArizona Supreme Court · 1985
- Allstate Insurance v. O'TooleArizona Supreme Court · 1995
- Birds International Corp. v. Arizona Maintenance Co.Court of Appeals of Arizona · 1983
- Montgomery Ward & Co. v. Superior CourtCourt of Appeals of Arizona · 1993
- Robinson v. HigueraCourt of Appeals of Arizona · 1988
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Zimmerman v. ShakmanCourt of Appeals of Arizona · 2003
- Tilley v. DelciCourt of Appeals of Arizona · 2009
- Canaan v. BarteeSupreme Court of Kansas · 2001
- Rivers v. SolleyCourt of Appeals of Arizona · 2008
- Little v. StateCourt of Appeals of Arizona · 2010
11 more not listed; retrieve them via the Exa API.