Arizona Supreme Court

American Asphalt & Grading v. Cmx, LLC

July 1, 2011253 P.3d 1240

Summary

The court held that advance notice of a possible future placement on the Inactive Calendar does not satisfy the requirement for prompt written notice when the case is actually placed on that calendar. The deficient notice did not render the dismissal void, but it was a factor the superior court was required to consider in deciding the motion to set aside the dismissal. The court vacated the court of appeals' decision and remanded for that analysis.