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State v. Richey

Citations

  • 774 P.2d 1354
  • 160 Ariz. 564
  • 36 Ariz. Adv. Rep. 6
  • 1989 Ariz. LEXIS 109

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that A.R.S. section 12-341.01(0) “specifically requires a higher burden — ‘clear and convincing evidence’ — before a trial court can determine that a claim ... constitutes harassment, is groundless and not made in good faith”
  • holding the trial court’s “simple finding” of “frivolous” to be insufficient to justify an award
  • holding trial court’s finding that claim was frivolous insufficient to meet statutory requirement that claim “constitutes harassment, is groundless and not made in good faith”
  • requiring findings of fact and conclusions of law under both A.R.S. sections 12-341.01(C) and -349
  • stating superior court’s only finding that defense presented frivolous allegations did not constitute sufficient findings to support sanctions
  • reversing an attorneys’ fees award based on the superior court’s failure to enter specific findings

Source: CourtListener parenthetical corpus (CC0).

Judges: Corcoran, Gordon, Feldman, Cameron, Moeller

Read full opinion on CourtListener

Cited by

21 cases in this archive cite this case; the 20 most cited are listed.

Cites

6 cases in this archive are cited by this case.

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