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AMERICAN ASPHALT & GRADING v. CMX, L.L.C.

No. CV-10-0324-PR.

253 P.3d 1240 (2011)

AMERICAN ASPHALT & GRADING COMPANY, an Arizona corporation, Plaintiff/Appellant, v. CMX, L.L.C., an Arizona limited liability company; CMX Group, Inc., an Arizona corporation, Defendants/Appellees.

Supreme Court of Arizona, En Banc.

July 1, 2011.

Attorney(s) appearing for the Case

Lang Baker & Klain PLC by Kent A. Lang , William G. Klain , Michael Walter Thal , Scottsdale, and Paul G. Ulrich P.C. by Paul G. Ulrich , Phoenix, Attorneys for American Asphalt & Grading Company.

Folk & Associates P.C. by P. Douglas Folk , Benjamin L. Hodgson , Christopher D.C. Hossack , Phoenix, Attorneys for CMX LLC and CMX Group Inc.

Committee on Superior Court by Hon. James Soto , Chair, Amicus Curiae Committee on Superior Court.

OPINION

BRUTINEL, Justice.

¶ 1 Arizona Rule of Civil Procedure 38.1(e) requires the superior court to "promptly notify counsel in writing of the placing of cases on the Inactive Calendar." We hold that a notice issued several months prior to placing the case on the Inactive Calendar does not comply with this rule.

I.

¶ 2 In April 2008, American Asphalt and Grading Company ("American Asphalt") sued CMX, L.L.C., for professional...

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