§ 1.3.3 Precedential Value of Vacated, Reversed or Review Denied Opinions.

• Jurisdiction: Arizona

§ 1.3.3 Precedential Value of Vacated, Reversed or Review Denied Opinions. A court of appeals opinion that has been “vacated” or “reversed” by the supreme court has no precedential value and may not be cited as binding authority. See Stroud v. Door-Oliver, Inc., 112 Ariz. 403, 411 n.2, 542 P.2d 1102, 1110 n.2 (1975). Based on Stroud, a division two case stated a decision that has been vacated no longer exists and stated it is “inappropriate” for a party to cite such a case for any reason. See Bolm v. Custodian of Records of Tucson Police Dept., 193 Ariz. 35, 39, ¶ 8 n.2, 969 P.2d 200, 204 n.2 (App. 1998). Notwithstanding Stroud, however, both the supreme court and division one have cited cases that have been...