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AMERICAN POWER PRODUCTS v. CSK AUTO

No. 1 CA-CV 12-0855.

334 P.3d 199 (2014)

AMERICAN POWER PRODUCTS, INC., a California corporation; LFMG/APP, LLC, an Arizona corporation, Plaintiffs/Counterdefendants/Appellants/Cross-Appellees, v. CSK AUTO, INC., an Arizona corporation, Defendant/Counterclaimant/Appellee/Cross-Appellant.

Court of Appeals of Arizona, Division 1.

August 5, 2014.

Attorney(s) appearing for the Case

Hymson Goldstein & Pantiliat, PLLC By David B. Goldstein , Scottsdale, Co-Counsel for Plaintiffs/Counterdefendants/Appellants/Cross-Appellees.

Dodell Law Corporation By Herbert Dodell , Woodland Hills, CA, Co-Counsel for Plaintiffs/Counterdefendants/Appellants/Cross-Appellees.

Polsinelli PC By Leon B. Silver , Nathan J. Kunz , Andrew S. Jacob , Phoenix, Counsel for Defendant/Counterclaimant/Appellee/Cross-Appellant.

Presiding Judge PATRICIA K. NORRIS delivered the opinion of the Court, in which Judge SAMUEL A. THUMMA joined. Judge KENT E. CATTANI dissented.

OPINION

NORRIS, Judge:

¶ 1 The dispositive issue in this appeal is whether the superior court should have denied Appellant American Power Products, Inc.'s motion for a new trial without first holding an evidentiary hearing to determine whether an ex parte communication between the bailiff and the jury was improper and prejudicial. Because the court did not have the necessary facts to decide the effect of the communication on the jury, it should not...

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