case as a procedural doctrine (Arizona) · Go Syfert
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case as a procedural doctrine in Arizona

5 Arizona opinions name it 1 courts 2013–2026 2 in the last five years

The cases below were cited by Arizona courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Powell-Cerkoney v. TCR-Montana Ranch Joint Venturegreen
arizctapp · 1993 · cited in 5 Arizona opinions naming this issue, 2013–2026
2 sentences

2026Where, as here, we apply the doctrine to decisions in the same court, “we treat law of the case as a procedural doctrine rather than as a substantive limitation on the court’s power.” Id. ¶31 A horizontal appeal is when a party “requests a second trial judge to reconsider the decision of the first trial judge in the same matter, even though no new circumstances have arisen in the interim and no other reason justifies reconsideration.” Id. at 278–79.

2026Where, as here, we apply the doctrine to decisions in the same court, “we treat law of the case as a procedural doctrine rather than as a substantive limitation on the court’s power.” Id. ¶31 A horizontal appeal is when a party “requests a second trial judge to reconsider the decision of the first trial judge in the same matter, even though no new circumstances have arisen in the interim and no other reason justifies reconsideration.” Id. at 278–79.

35
Hall v. Smithgreen
arizctapp · 2007 · cited in 2 Arizona opinions naming this issue, 2020–2021
2 sentences

2021See Hall v. Smith, 214 Ariz. 309, 317 , ¶¶ 28–29 (App. 2007); see also Powell-Cerkoney v. TCR-Montana Ranch Joint Venture, II, 176 Ariz. 275, 278 (App. 1993) (“When . . . we apply the doctrine to decisions of the same court, we treat law of the case as a procedural doctrine rather than as a substantive limitation on the court’s power.”); Zimmerman v. Shakman, 204 Ariz. 231, 236 (App. 2003) (noting the law of the case doctrine “does not prevent a judge from reconsidering nonfinal rulings, ‘[n]or does it prevent a different judge, sitting on the same case, from reconsidering the first judge’s pr

2020See Hall v. Smith, 214 Ariz. 309, 317, ¶¶ 28-29 (App. 2007); see also Powell-Cerkoney v. TCR-Montana Ranch Joint Venture, II, 176 Ariz. 275, 278 (App. 1993) (“When . . . we apply the doctrine to decisions of the same court, we treat law of the case as a procedural doctrine rather than as a substantive limitation on the court’s power.”).

22
State v. Kinggreen
ariz · 1994 · cited in 1 Arizona opinions naming this issue, 2021–2021
1 sentence

2021See Hall v. Smith, 214 Ariz. 309, 317 , ¶¶ 28–29 (App. 2007); see also Powell-Cerkoney v. TCR-Montana Ranch Joint Venture, II, 176 Ariz. 275, 278 (App. 1993) (“When . . . we apply the doctrine to decisions of the same court, we treat law of the case as a procedural doctrine rather than as a substantive limitation on the court’s power.”); Zimmerman v. Shakman, 204 Ariz. 231, 236 (App. 2003) (noting the law of the case doctrine “does not prevent a judge from reconsidering nonfinal rulings, ‘[n]or does it prevent a different judge, sitting on the same case, from reconsidering the first judge’s pr

11
Zimmerman v. Shakmangreen
arizctapp · 2003 · cited in 1 Arizona opinions naming this issue, 2021–2021
1 sentence

2021See Hall v. Smith, 214 Ariz. 309, 317 , ¶¶ 28–29 (App. 2007); see also Powell-Cerkoney v. TCR-Montana Ranch Joint Venture, II, 176 Ariz. 275, 278 (App. 1993) (“When . . . we apply the doctrine to decisions of the same court, we treat law of the case as a procedural doctrine rather than as a substantive limitation on the court’s power.”); Zimmerman v. Shakman, 204 Ariz. 231, 236 (App. 2003) (noting the law of the case doctrine “does not prevent a judge from reconsidering nonfinal rulings, ‘[n]or does it prevent a different judge, sitting on the same case, from reconsidering the first judge’s pr

11
Dunlap v. City of Phoenixgreen
arizctapp · 1990 · cited in 1 Arizona opinions naming this issue, 2013–2013
2 sentences

2013Moreover, because Judge Mangum ruled correctly on the substance of the issue, "it would be folly to reverse on this ground[.]” Dunlap v. City of Phoenix, 169 Ariz. 63, 66 , 817 P.2d 8, 11 (App.1990); see also Powell-Cerkoney, 176 Ariz. at 278 , 860 P.2d at 1331 ("[W]e treat [the] law of the case as a procedural doctrine rather than as a substantive limitation on the court’s power.”). .

2013Moreover, because Judge Mangum ruled correctly on the substance of the issue, "it would be folly to reverse on this ground[.]” Dunlap v. City of Phoenix, 169 Ariz. 63, 66 , 817 P.2d 8, 11 (App.1990); see also Powell-Cerkoney, 176 Ariz. at 278 , 860 P.2d at 1331 ("[W]e treat [the] law of the case as a procedural doctrine rather than as a substantive limitation on the court’s power.”). .

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Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Arizona. Read the followed side critically anyway.

Statutes the citing opinions construe

AZ § Ariz. Rev. Stat. § 12-2101 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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