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45 minutes ago, Blackbeard's Delight said:

Well apparently they were needlessly worried, as my motion was denied yet again.  Time to hop on the appeal train I guess

Bummer. Let me know if you need help with the appeal. It should be pretty straight forward.  ARS 12-1501 and ARS 12-1502 should be what your cornerstone arguments are based on. 

Did Cortez ever even argue the agreement wasn't valid?

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So I just recently received notice that about 2 days after I filed the appeal the plaintiff filed a MSJ (I have yet to respond to their discovery requests so as not to jeopardize my MTC arb chances- kinda putting all my eggs in one basket, but that was the only place I could really gain any leverage anyways, so yeah probably not hurting myself that much).

I'm assuming that the 30 days I have to respond to their MSJ wouldn't start until the appeals process is over, but I may be giving the AZ justice system too much credit...

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The trial court looses jurisdiction when an appeal is pending.


While the appeal was pending, appellee moved the trial court to amend the pleadings to add Gail Lane, wife of the appellant, as an additional party-defendant. The court denied the motion because jurisdiction had been removed to this court.

Spudnuts, Inc. v. Lane, 676 P. 2d 669 - Ariz: Court of Appeals, 2nd Div. 1984

I would move to have the MSJ denied on the sole grounds that the court lacks jurisdiction.  I suppose one could argue when "pending" begins.  I would say it's as soon as a party files a notice of appeal, although I can't seem to find anything pining this down.

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4 hours ago, Blackbeard's Delight said:

would it do me any good to also include the federal arbitration act and other federal-level statutes/caselaw

I don't see the point. 12-1502 is pretty clear.  Bringing in other authority at the onset opens the door for Cortez to distract away from what should be your cornerstone argument.

If you still have an appeal pending on the denied MTC, I would file a motion with the appellate court to amend your memorandum to include the newly granted MSJ.

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So long time no update, but I filed the appeal,  won, and got the whole thing dismissed!

Hameroff never filed an appellee response (claimed that due to a clerical error they thought they had more time to respond and motioned to extend the time to file the response, but were denied). I won the appeal, it was remanded back to the lower court who scheduled a new pretrial hearing,  and Hameroff dropped the suit. I've had to contact the credit reporting agencies to dispute the "public record" (from the initial summary judgement that was vacated by the superior court) that was still showing up on my report, but that's about it!

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