American Asphalt & Grading Co. v. CMX, L.L.C., 227 Ariz. 117

Summary

The Supreme Court of Arizona held that Arizona Rule of Civil Procedure 38.1(e) requires contemporaneous or nearly contemporaneous written notice when a case is placed on the Inactive Calendar. Advance notice of a future placement does not satisfy the rule, although the resulting judgment is not void for lack of such notice. The court vacated the court of appeals' decision and remanded for the superior court to consider the notice deficiency in ruling on the plaintiff's Rule 60(c) motion.

Holdings

1. Arizona Rule of Civil Procedure 38.1(e) requires contemporaneous or nearly contemporaneous written notice when a case is placed on the Inactive Calendar.
2. The 150-Day Order did not comply with Rule 38.1(e) because it gave only advance notice of the court's intention to place the case on the Inactive Calendar rather than notice when the case was actually placed there.
3. Failure to provide Rule 38.1(e)-compliant notice does not make the dismissal void ab initio; instead, the absence or deficiency of notice is one factor among many for the superior court to consider in ruling on a Rule 60(c) motion.

Questions Presented

1. Whether Arizona Rule of Civil Procedure 38.1(e) requires notice to counsel contemporaneously or nearly contemporaneously with placement of a case on the Inactive Calendar.
2. Whether a 150-Day Order providing advance notice of a possible future placement on the Inactive Calendar satisfied Rule 38.1(e).
3. Whether noncompliance with Rule 38.1(e) rendered the dismissal void ab initio or instead constituted a factor for consideration on a Rule 60(c) motion.
4. Whether the case should be remanded for the superior court to determine the effect of the deficient notice on counsel's conduct.

Disposition

vacated