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WALLACE v. SMITH

No. CV-22-0143-SA.

532 P.3d 752 (2023)

Robert WALLACE, Petitioner, v. Hon. James D. SMITH, Judge of the Superior Court of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA, Respondent Judge, Christian Nava Cruz, a single individual; Impala Enterprises L.L.C., an Arizona Limited Liability Corporation, DBA El Tubo Tubo, Real Parties in Interest.

Supreme Court of Arizona.

Filed July 25, 2023.

Attorney(s) appearing for the Case

Kimberly A. Eckert , Law Offices of Kimberly A. Eckert, Tempe, Attorney for Robert Wallace.

Fabian Zazueta , Garrett Respondek , Zazueta Law, PLLC, Scottsdale, Attorneys for Christian Nava Cruz and Impala Enterprises LLC, dba El Tubo Tubo.

CHIEF JUSTICE BRUTINEL authored the Opinion of the Court, in which VICE CHIEF JUSTICE TIMMER and JUSTICES BOLICK, LOPEZ, BEENE, MONTGOMERY and KING joined.

¶1 This case requires us to resolve a conflict between a court rule and a statute. Arizona Rule of Civil Appellate Procedure ("ARCAP") 7(a)(4)(A) instructs courts to include "damages, costs, attorney's fees, and prejudgment interest" when setting the amount of a supersedeas bond. Conversely, A.R...

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