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AMERICAN ASPHALT & GRADING v. CMX, L.L.C.

No. CV-10-0324-PR.

253 P.3d 1240 (2011)

AMERICAN ASPHALT & GRADING COMPANY, an Arizona corporation, Plaintiff/Appellant, v. CMX, L.L.C., an Arizona limited liability company; CMX Group, Inc., an Arizona corporation, Defendants/Appellees.

Supreme Court of Arizona, En Banc.

July 1, 2011.

Attorney(s) appearing for the Case

Lang Baker & Klain PLC by Kent A. Lang, William G. Klain, Michael Walter Thal, Scottsdale, and Paul G. Ulrich P.C. by Paul G. Ulrich, Phoenix, Attorneys for American Asphalt & Grading Company.

Folk & Associates P.C. by P. Douglas Folk, Benjamin L. Hodgson, Christopher D.C. Hossack, Phoenix, Attorneys for CMX LLC and CMX Group Inc.

Committee on Superior Court by Hon. James Soto, Chair, Amicus Curiae Committee on Superior Court.

OPINION

BRUTINEL, Justice.

¶ 1 Arizona Rule of Civil Procedure 38.1(e) requires the superior court to "promptly notify counsel in writing of the placing of cases on the Inactive Calendar." We hold that a notice issued several months prior to placing the case on the Inactive Calendar does not comply with this rule.

I.

¶ 2 In April 2008, American Asphalt and Grading Company ("American Asphalt") sued CMX, L.L.C., for professional...

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