· 1/6/2000
Norwest Bank (Minnesota), N.A. v. Symington
Citations
- 3 P.3d 1101
- 197 Ariz. 181
- 312 Ariz. Adv. Rep. 11
- 2000 Ariz. App. LEXIS 1
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that 18 the appellee unfairly obtained a deficiency judgment under Arizona Rule of Civil 19 Procedure 60(b)(3)2 by failing to disclose an unfavorable appraisal and a settlement 20 agreement that included a damages model
- indicating only that the trial court heard oral argument on a Rule 60(c) motion for a Rule 26.1 violation
- finding disclosure failures to be misconduct warranting Rule 60 relief from judgment in same action
- rejecting argument that opponent would have found nondisclosed evidence “if [he] had been diligent”
- applying Civil Rule of Procedure 60, the civil equivalent to Rule 85
- “We therefore hold that a failure to disclose evidence that may be relevant, regardless of whether the disclosure was required by a specific discovery request or by the general duty of Rule 26.1, can constitute misconduct under Rule 60(c)(3).”
Source: CourtListener parenthetical corpus (CC0).
Judges: Sult, Thompson, Garbarino
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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