No. 23-6675

Pietro Pasquale Antonio Sgromo v. Timothy Ryan, Judge, Superior Court of Arizona, Maricopa County, et al.

Lower Court: Arizona
Docketed: 2024-02-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure contract-law discretion equity-principles judicial-discretion litigation public-policy rescission settlement-agreement settlement-agreements
Key Terms:
Arbitration Patent Privacy
Latest Conference: 2024-03-28
Question Presented (AI Summary)

Does public policy strongly favor settlement of disputes without litigation or do courts have discretion to not enforce settlement agreements?

Question Presented (OCR Extract)

QUESTIONS PRESENTED ; , 1. Does public policy strongly favor settlement of disputes without litigation; or do Courts have discretion to not enforce settlement agreements? 2. Is the purpose of rescission to restore both parties to their former position . as far as possible’ and ‘to bring about substantial justice by adjusting the equities between the parties; or may one party keep the consideration it received under the rescinded agreement? 3. Is it an abuse of discretion for a court to not enter a default judgment against a party who has made an appearance; filed no response; and has neither a meritorious defense nor excusable neglect, nonetheless? 4. Does the present case, present a defense for the non-payment of wages? 5. Does a court have discretion to deny Petitioner his Statutory Right to Attorney Fees? 6. Does Arizona jurisprudence favor summary judgment? 7. Do the Appellate Courts have discretion to hear a Petition for Special Review in an interlocutory decision?

Docket Entries

2024-07-22
Rehearing DENIED.
2024-06-27
DISTRIBUTED.
2024-04-26
Petition for Rehearing filed.
2024-04-01
Petition DENIED.
2024-03-13
DISTRIBUTED for Conference of 3/28/2024.
2024-03-07
Waiver of right of respondents Bestway Inflatables & Materials Corp. to respond filed.
2024-01-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 7, 2024)

Attorneys

Bestway Inflatables & Materials Corp.
Bennett Evan CooperDickinson Wright PLLC, Respondent
Pietro Pasquale Antonio Sgromo
Pietro Pasquale Antonio Sgromo — Petitioner