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

JurisdictionArizona

§ 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...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT