Appeals

The Dessaules Law Group regularly handles appeals in a variety of civil matters.  We have successfully argued and defended appeals in all appellate courts in the State of Arizona.  Our skilled lawyers have handled appellate cases at every level of the state courts, including administrative appeals, justice court appeals, special actions, and appeals before the highest courts.

Some examples of our recent appellate successes include the following cases:

  • In Rodgers v. Anthem Community Council, 2011 WL 2586374 (Ct. App. 2011), the Arizona Court of Appeals reversed the Superior Court's dismissal of a complaint seeking declaratory and injunctive relief.  The Court of Appeals specifically held that the Anthem Community Council was a homeowners association under Arizona law and that the owners of property within Anthem are "members."  The Supreme Court denied further review.
  • In ELM Retirement Center, LP v. Callaway, 246 P.3d 938 (Ct. App. 2010), the Arizona Court of Appeals affirmed the dismissal of a home purchaser's claims for breach of warranty, negligence and fraud based on alleged misrepresentations regarding the square footage of the residence.  

Our lawyers include experienced appellate advocates who can provide effective appellate representation and present your appeals case persuasively, whether it is for a case that we handled in the trial court or one where we are being hired to handle the appeal.

News and Articles

Posted Feb 17 2012 - 12:04pm by Jon Dessaules

2011 saw a lot of action in the world of employment law and 2012 promises even more. Join us for an informative, entertaining seminar on today's hot topics, and learn how to promote a positive, productive work environment with practical strategies for avoiding employee-related issues.  Rachel Maron, an attorney with more than ten years specializing in employment law, will discuss:

Posted Apr 18 2011 - 1:45pm by Jon Dessaules

Homeowner and condominium associations are increasingly adopting policies for shutting off water or other utilities where an owner has fallen behind in his or her assessments, owes fines or penalties for violating the governing documents, or is supposedly refusing to follow rules.  Although people who own in a homeowner association generally are obligated to pay assessments, associations commonly use these water shut-off policies in order to force members to pay assessments, fines, penalties or other charges that they may not owe.  These owners often face an unfair choice: Pay wha

Posted Apr 18 2011 - 1:42pm by Jon Dessaules

If you live in a homeowners association and have ever fallen behind on your assessments, chances are good you received one or more letters threatening legal action.  If you have been unlucky enough to be sued by your homeowners association and lost, chances are very good that your homeowner association has added court costs and attorneys’ fees to the amount of the unpaid assessments.  Arizona law and homeowners association’s governing documents generally permit a homeowners association, if successful in court, to include its costs and attorneys’ fees in addition to the unpaid asse

Posted Apr 12 2011 - 5:15pm by Jon Dessaules

The prevalence of foreclosures in the real estate market has had several unexpected repercussions to distressed homeowners who have made the decision to walk-away from their home.  Banks appear to be unable, incapable, or unwilling to handle the volume of foreclosures, so a distressed homeowner may continue to own his or her home for months, and occasionally even years, after receiving a Notice of Trustee’s Sale (rather than the 90-days stated in the Notice).