THIELE v. CITY OF PHOENIX

No. 1 CA-CV 11-0769.

301 P.3d 206 (2013)

James THIELE, Plaintiff/Appellant, v. CITY OF PHOENIX, a municipal Corporation; Michael Simmons, Defendants/Appellees.

Court of Appeals of Arizona, Division 1, Department E.

April 2, 2013.


Attorney(s) appearing for the Case

James Thiele , Glendale, In Propria Persona Plaintiff/Appellant.

Iafrate & Associates By Michele M. Iafrate , Phoenix, Attorneys for Defendants/Appellees.


OPINION

GEMMILL, Judge.

¶ 1 Appellant James Thiele challenges the constitutionality of Arizona Rule of Civil Procedure 67(d), which requires the trial court to order a plaintiff to provide security for costs on a showing that he does not own property within the state that could satisfy the defendant's claim for costs in the litigation. We hold that subsections (d) and (e) of Rule 67, when considered together, are facially constitutional. We further...

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