Panzino v. City of Phoenix

¶26 The issue characterized as “positive misconduct” has been adverted to and left open in previous cases. See ante ¶ 8 n. 3. In describing the situation as a case of complete abandonment, the court of appeals has finally given the question a proper label. In my view, that court reached the correct result. See Panzino v. City of Phoenix, 195 Ariz. 453, 990 P.2d 654 (1999). Agreeing with its analysis, I need respond to only a few of the points made in this court’s majority opinion.

¶27 Under the facts of this case, the conduct of Panzino’s lawyer cannot be considered neglect, excusable or…