No. 23-6676

Pietro Pasquale Antonio Sgromo v. Bestway USA Inc., et al.

Lower Court: Arizona
Docketed: 2024-02-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: deficient-service evidentiary-hearing interlocutory-decision judicial-notice parol-evidence res-judicata service-of-process settlement-agreement settlement-agreements void-order
Key Terms:
AdministrativeLaw DueProcess Patent Trademark Privacy JusticiabilityDoctri
Latest Conference: 2024-03-28
Question Presented (AI Summary)

May a Court take judicial notice of another Court's Order; that be void due to deficient service

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. May a Court take judicial notice of another Court’s Order; that is void due to deficient service; where the agreements that gave rise to the dispute were rescinded; the Petitioner was not a party to the disputed agreements; and take notice without an evidentiary hearing, or an opportunity for opposing Petitioner to be heard? 2. Does public policy strongly favor settlement of disputes without litigation; or do Courts have discretion to not enforce settlement agreements and rewrite the terms of settlement in the absence of fraud or mistake? 3. When may a Court allow parol evidence to detract from an otherwise fully integrated agreement? . 4. Is a decision final — even though there are pending motions before the Court — provided that the Judgment contains Rule 54(c) language? 5. Do the Appellate Courts have discretion to hear a Petition for Special Review in an interlocutory decision? 6. Is res judicata is an affirmative defense which must be both pleaded and proved by the party relying on this defense? ; 7. Should res judicata and collateral estoppel give way to a claim for lost ; wages? 8. May a Court award attorneys fees against a party, even if the parties have expressly agreed to not be liable for such special costs “despite being advised they may?”

Docket Entries

2024-07-22
Rehearing DENIED.
2024-06-27
DISTRIBUTED.
2024-04-25
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 USA Inc., et al. 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 USA Inc., et al.
Bennett Evan CooperDickinson Wright PLLC, Respondent
Bennett Evan CooperDickinson Wright PLLC, Respondent
Pietro Pasquale Antonio Sgromo
Pietro Pasquale Antonio Sgromo — Petitioner
Pietro Pasquale Antonio Sgromo — Petitioner