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
Latest Conference: 2024-03-28
Question Presented (from Petition)

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justice by adjusting the equities between the parties; or may one party keep the consideration it received under the rescinded agreement?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?

Question Presented (AI Summary)

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

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