American Asphalt & Grading Company, an Arizona Corporation, Plaintiff/appellant v. Cmx, L.L.C., an Arizona Limited…

Summary

The court held that advance notice of a possible future placement on the Inactive Calendar does not satisfy the requirement for prompt notice when the case is actually placed on that calendar. The defective notice did not render the dismissal void, but the superior court had to consider the notice deficiency as one factor in deciding the motion to set aside the dismissal. The court vacated the court of appeals’ decision and remanded for that determination.