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Maricopa County Superior Court Case LC2016-000282: public docket details, parties, minute entries, documents, and official source links for Candlewood Estates At Troon North Homeowners Association.

Case Number

LC2016-000282

County

Maricopa

Caption

Not captured

Filed

7/1/2016

Case Type

Lower Court Appeals

Judge

Francis, Jillian

Location

Downtown

Official Court Record

Official Court Record

Parties

No parties captured.

Minute Entries

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

01/09/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

LC2016-000282-001 DT

01/03/2017

Docket Code 023
Form L000
Page 1

CLERK OF THE COURT
HONORABLE PATRICIA ANN STARR
T. DeRaddo

Deputy

CANDLEWOOD ESTATES AT TROON
NORTH HOMEOWNERS ASSOCIATION
FREDERICK E DAVIDSON

v.

CAROL M ROOT (001)
ARIZONA DEPARTMENT OF FIRE BUILDING
AND LIFE SAFETY (001)
CAROL M ROOT
10457 E. MONUMENT DRIVE
SCOTTSDALE ARIZONA 85262-4600

OFFICE OF ADMINISTRATIVE
HEARINGS
REMAND DESK-LCA-CCC

MINUTE ENTRY

On October 11, 2016, Appellant Candlewood Estates filed a notice that it had requested
preparation of the hearing transcript of the administrative hearing underlying this appeal. To
date, no further notice has been filed.

The Office of Administrative Hearings filed the Certification of Record on Review on
August 3, 2016, five months ago. Thus, it appears that the only outstanding part of the record is
the transcript.

Based on the foregoing,

IT IS ORDERED Appellant inform the Court within 10 days of the filing of this minute
entry whether the transcript has been prepared, and if it is not, when it is anticipated the
transcript will be prepared and filed. If the transcript has been prepared, a copy shall be filed
with this Court.

NOTICE: LC cases are not under the e-file system. As a result, when a party files a docu-
ment, the system does not generate a courtesy copy for the Judge. Therefore, you will have to
deliver to the Judge a conformed courtesy copy of any new filings.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

01/30/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

LC2016-000282-001 DT

01/26/2017

Docket Code 023
Form L000
Page 1

CLERK OF THE COURT
HONORABLE PATRICIA ANN STARR
T. DeRaddo

Deputy

CANDLEWOOD ESTATES AT TROON
NORTH HOMEOWNERS ASSOCIATION
FREDERICK E DAVIDSON

v.

CAROL M ROOT (001)
ARIZONA DEPARTMENT OF FIRE BUILDING
AND LIFE SAFETY (001)

OFFICE OF ADMINISTRATIVE
HEARINGS
REMAND DESK-LCA-CCC

MINUTE ENTRY

Appellant Candlewood Estates has filed a notice indicating that the transcript of the
proceedings below is being prepared and will shortly be filed with the Court.

IT IS ORDERED upon the filing of the transcript, Appellant’s Opening Brief will be due
within 45 days. The Answering Brief and any Reply Brief shall be due as set forth in Rule 6,
Rules of Procedure for Judicial Review of Administrative Decisions.

IT IS FURTHER ORDERED if the transcript is not filed within 30 days of the filing of
this minute entry, Appellant must so advise the Court and Appellee.

NOTICE: LC cases are not under the e-file system. As a result, when a party files a docu-
ment, the system does not generate a courtesy copy for the Judge. Therefore, you will have to
deliver to the Judge a conformed courtesy copy of any filings.

Michael K. Jeanes, Clerk of Court

*** Filed ***

03/14/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

LC2016-000282-001 DT

03/08/2018

Docket Code 023
Form L000
Page 1

CLERK OF THE COURT
HONORABLE PATRICIA ANN STARR
C. Avena

Deputy

CANDLEWOOD ESTATES AT TROON
NORTH HOMEOWNERS ASSOCIATION
FREDERICK E DAVIDSON

v.

CAROL M ROOT (001)
ARIZONA DEPARTMENT OF FIRE BUILDING
AND LIFE SAFETY (001)
CAROL M ROOT
5080 SHADY ISLAND TRAIL
MOUND MN 55364

OFFICE OF ADMINISTRATIVE
HEARINGS
REMAND DESK-LCA-CCC

MINUTE ENTRY

This Court previously dismissed the appeal in this matter. On November 17, 2017,
Appellee Carol Root filed a Motion for Costs. Appellant Candlewood Estates at Troon North
Homeowners Association (“Candlewood”) filed an Objection on January 4, 2018, and Root
replied.
First, Candlewood’s Objection was untimely filed. A party opposing a request for costs
may file a response with 5 days after receipt of the request. A.R.S. § 12-346(B). Candlewood
filed their Objection 48 days after Root filed her request for costs, which was plainly untimely,
and provided no explanation for the late filing.
Moreover, the objections raised by Candlewood do not mandate against an award of
costs. First, while Candlewood claims that Root is not entitled to costs because her husband has
acted on her behalf, it provides nothing but supposition in support of that claim. Second,
Candlewood complains that the request for costs is not “verified,” and thus must be denied. But

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

LC2016-000282-001 DT

03/08/2018

Docket Code 023
Form L000
Page 2

the request is signed by Root, and includes a copy of the filing fee receipt, providing all the
information required to show that Root paid the fee.
Therefore,
IT IS ORDERED awarding costs in the amount of $222.00 to Appellee Carol Root.
IT IS FURTHER ORDERED signing this minute entry as a formal order of the Court.

/s/ Patricia A. Starr

THE HON. PATRICIA A. STARR

JUDGE OF THE SUPERIOR COURT

NOTICE: LC cases are not under the e-file system. As a result, when a party files a docu-
ment, the system does not generate a courtesy copy for the Judge. Therefore, you will have to
deliver to the Judge a conformed courtesy copy of any new filings.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

05/24/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

LC2016-000282-001 DT

05/23/2017

Docket Code 019
Form L000
Page 1

CLERK OF THE COURT
HONORABLE PATRICIA ANN STARR
T. DeRaddo

Deputy

CANDLEWOOD ESTATES AT TROON
NORTH HOMEOWNERS ASSOCIATION
FREDERICK E DAVIDSON

v.

CAROL M ROOT (001)
ARIZONA DEPARTMENT OF FIRE BUILDING
AND LIFE SAFETY (001)

OFFICE OF ADMINISTRATIVE
HEARINGS
REMAND DESK-LCA-CCC

MINUTE ENTRY

The Court has received a Motion for First Extension of Time to File Response to
Opening Brief, to which there is no objection.

Based on the information provided,

IT IS ORDERED granting the Motion. The Court will set a date for the Response to be
filed, if necessary, when it rules on the Motion to Dismiss currently pending.

NOTICE: LC cases are not under the e-file system. As a result, when a party files a docu-
ment, the system does not generate a courtesy copy for the Judge. Therefore, you will have to
deliver to the Judge a conformed courtesy copy of any new filings.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

06/09/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

LC2016-000282-001 DT

06/08/2017

Docket Code 019
Form L000
Page 1

CLERK OF THE COURT
HONORABLE PATRICIA ANN STARR
T. DeRaddo

Deputy

CANDLEWOOD ESTATES AT TROON
NORTH HOMEOWNERS ASSOCIATION
FREDERICK E DAVIDSON

v.

CAROL M ROOT (001)
ARIZONA DEPARTMENT OF FIRE BUILDING
AND LIFE SAFETY (001)
CAROL M ROOT
10457 E. MONUMENT DRIVE
SCOTTSDALE ARIZONA 85262

MARY D WILLIAMS
LYNETTE EVANS
BRADLEY R JARDINE
OFFICE OF ADMINISTRATIVE
HEARINGS
REMAND DESK-LCA-CCC

MINUTE ENTRY

The Court has considered the Motion to Dismiss filed by Appellee Carol M. Root, as well
as the Response and Reply.
Root seeks dismissal of this appeal, arguing that the document filed by Appellee entitled
“Respondent’s Position Statement in Support of Initial Administrative Law Judge’s Decision and
in Response to Order Granting Request for Rehearing” does not meet the requirements for an
Opening Brief as set forth in Rule 7, Rules of Procedure for Judicial Review of Administrative
Decisions.
After considering the arguments of the parties, the Court finds that although wrongly
captioned, the document filed by Appellant meets the minimum standards for an Opening Brief
pursuant to Rule 7. However, the Court notes that Appellant did not send a copy of the Opening

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

LC2016-000282-001 DT

06/08/2017

Docket Code 019
Form L000
Page 2

Brief to counsel for the Department, who entered a notice of appearance as a nominal party on
August 17, 2016.
Thus,
IT IS ORDERED denying the Motion to Dismiss.
IT IS FURTHER ORDERED accepting the Amended Opening Brief filed April 28, 2017.
IT IS FURTHER ORDERED Appellant must provide a copy of the Amended Opening
Brief to counsel for the Department no later than 10 days from the filing of this minute entry.
IT IS FURTHER ORDERED the Answering Brief is due no later than July 28, 2017.

NOTICE: LC cases are not under the e-file system. As a result, when a party files a docu-
ment, the system does not generate a courtesy copy for the Judge. Therefore, you will have to
deliver to the Judge a conformed courtesy copy of any new filings.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

06/09/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

LC2016-000282-001 DT

06/08/2017

Docket Code 021
Form L000
Page 1

CLERK OF THE COURT
HONORABLE PATRICIA ANN STARR
T. DeRaddo

Deputy

CANDLEWOOD ESTATES AT TROON
NORTH HOMEOWNERS ASSOCIATION
FREDERICK E DAVIDSON

v.

CAROL M ROOT (001)
ARIZONA DEPARTMENT OF FIRE BUILDING
AND LIFE SAFETY (001)
CAROL M ROOT
10457 E. MONUMENT DRIVE
SCOTTSDALE ARIZONA 85262

LYNETTE EVANS
BRADLEY R JARDINE
MARY D WILLIAMS
OFFICE OF ADMINISTRATIVE
HEARINGS
REMAND DESK-LCA-CCC

NUNC PRO TUNC ORDER

It has come to the Court’s attention that a minute entry dated May 23, 2017 did not
include all parties in its endorsements.

IT IS ORDERED nunc pro tunc amending the minute entry, to include all of the parties
who have filed Notice(s) of Appearance as reflected above.

The remainder of the original minute entry stands in effect as stated therein.

The parties are instructed to view the original minute entry dated May 23, 2017 at:
http://www.courtminutes.maricopa.gov.

NOTICE: LC cases are not under the e-file system. As a result, when a party files a docu-
ment, the system does not generate a courtesy copy for the Judge. Therefore, you will have to
deliver to the Judge a conformed courtesy copy of any new filing.

Michael K. Jeanes, Clerk of Court

*** Filed ***

07/12/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

LC2016-000282-001 DT

07/11/2016

Docket Code 023
Form L512
Page 1

CLERK OF THE COURT
THE HON. CRANE MCCLENNEN
J. Eaton

Deputy

CANDLEWOOD ESTATES AT TROON
NORTH HOMEOWNERS ASSOCIATION
FREDERICK E DAVIDSON

v.

CAROL M ROOT (001)
ARIZONA DEPARTMENT OF FIRE BUILDING
AND LIFE SAFETY (001)

OFFICE OF ADMINISTRATIVE
HEARINGS
REMAND DESK-LCA-CCC

MINUTE ENTRY

On July 1, 2016, Appellant Candlewood Estates at Troon North Homeowners Association
(Appellant) filed a Notice of Appeal for Judicial Review of Administrative Decision and also filed
an Expedited Motion for Stay of Administrative Hearing Scheduled for 11 July 2016. Although
that appeal was filed on July 1st, it was not docketed by the Clerk of Court until Friday, July 8th.
More importantly, Appellants failed to provide this Division with a courtesy copy of the Notice of
Appeal for Judicial Review of Administrative Decision and the Expedited Motion for Stay of Ad-
ministrative Hearing Scheduled for 11 July 2016. The Expedited Motion for Stay of Admin-
istrative Hearing Scheduled for 11 July 2016 notes that the hearing was set for Monday, July 11th
at 8:00 a.m. It therefore appears the Expedited Motion for Stay of Administrative Hearing Sched-
uled for 11 July 2016 is now moot.

IT IS ORDERED denying the Expedited Motion for Stay of Administrative Hearing Sched-
uled for 11 July 2016 as moot.

IT IS FURTHER ORDERED that, by July 25, 2016, Appellant shall advise this Court whether
it wishes to maintain the appeal in this cause of action or whether it is going to dismiss the appeal.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

LC2016-000282-001 DT

07/11/2016

Docket Code 023
Form L512
Page 2

IT IS FURTHER ORDERED for any future filings that are filed with the Clerk of Court, the
party MUST provide one copy of that filing to this Division.

This Court will take no further action until it receives a response from Appellant.

/s/ Crane McClennen

THE HON. CRANE MCCLENNEN
JUDGE OF THE SUPERIOR COURT

NOTICE: LC cases are not under the e-file system. As a result, when a party files a document,
the system does not generate a courtesy copy for the Judge. Therefore, you will have to deliver to
the Judge a conformed courtesy copy of any filings.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

07/27/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

LC2016-000282-001 DT

07/26/2016

Docket Code 023
Form L000
Page 1

CLERK OF THE COURT
THE HON. CRANE MCCLENNEN
J. Eaton

Deputy

CANDLEWOOD ESTATES AT TROON
NORTH HOMEOWNERS ASSOCIATION
FREDERICK E DAVIDSON

v.

CAROL M ROOT (001)
ARIZONA DEPARTMENT OF FIRE BUILDING
AND LIFE SAFETY (001)

OFFICE OF ADMINISTRATIVE
HEARINGS
REMAND DESK-LCA-CCC

ADMINISTRATIVE REVIEW ORDERS

On July 1, 2016, Appellant, Candlewood Estates at Troon North Homeowners
Association, filed a Notice of Appeal for Judicial Review of Administrative Decision against
Appellee, Carol M. Root, and Appellee, Arizona Department of Fire Building and Life Safety,
pursuant to Arizona Revised Statutes Annotated (A.R.S.) §§ 12–901 to 12–914.
IT IS ORDERED that Appellant serve both Appellees with a copy of the Notice of
Appeal for Judicial Review of Administrative Decision in the manner provided by A.R.S. § 12–
906.1
IT IS FURTHER ORDERED that Appellant shall file proof of service with the Clerk of
the Superior Court of Maricopa County as required by Rules 4(g) and 4(i) of the Arizona Rules
of Civil Procedure.
IT IS FURTHER ORDERED that Appellant provide both Appellees with a copy of this
minute entry.
IT IS FURTHER ORDERED that Appellant shall file a notice of action as required by
A.R.S. § 12–904(B).

1 A.R.S. § 12–906 incorporates the Arizona Rules of Civil Procedure for service of process. See Rules 4 and 4.1,
Ariz. R. Civ. P.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

LC2016-000282-001 DT

07/26/2016

Docket Code 023
Form L000
Page 2

IT IS FURTHER ORDERED that Appellant shall order and make arrangements to pay
for the preparation of pertinent portions of the record as required by A.R.S. § 12–904(B).
IT IS FURTHER ORDERED that a Notice of Appearance from all Appellees shall be
due 20 days from the date of service of Appellant’s appeal.
Appellant is advised that, if Appellant fails to effectuate service or to order the record or
the transcripts as ordered herein, this Court may dismiss these proceedings.
IT IS FURTHER ORDERED that the administrative agency or board shall transmit its
record to the Clerk of this Court as required by A.R.S. § 12–904(B) and provide a Certification
of Record on Review to Appellant and a notice to this Court that the transmittal has occurred.

IT IS FURTHER ORDERED that Appellant and Appellees are to file briefs in accord-
ance with Rule 6 of the Rules of Procedure for Judicial Review of Administrative Decisions.

NOTICE: LC cases are not under the e-file system. As a result, when a party files a docu-
ment, the system does not generate a courtesy copy for the Judge. Therefore, you will have to
deliver to the Judge a conformed courtesy copy of any filings.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

07/27/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

LC2016-000282-001 DT

07/26/2016

Docket Code 019
Form L000
Page 1

CLERK OF THE COURT
THE HON. CRANE MCCLENNEN
J. Eaton

Deputy

CANDLEWOOD ESTATES AT TROON
NORTH HOMEOWNERS ASSOCIATION
FREDERICK E DAVIDSON

v.

CAROL M ROOT (001)
ARIZONA DEPARTMENT OF FIRE BUILDING
AND LIFE SAFETY (001)
CAROL M ROOT
10457 E MONUMENT DR
SCOTTSDALE AZ 85262

MARY D WILLIAMS
OFFICE OF ADMINISTRATIVE
HEARINGS
REMAND DESK-LCA-CCC

MINUTE ENTRY

On July 1, 2016, Appellant Candlewood Estates at Troon North Homeowners Association
(Appellant) filed an Expedited Motion for Stay of Administrative Hearing Scheduled for 11 July
2016, which was to be held at 8:00 a.m. This Court did not receive that motion until the morning of
July 11th. This Court, therefore, denied the motion as moot, and further ordered Appellant to advise
this Court whether it wished to maintain the appeal or dismiss the appeal.

On July 25, 2016, Appellant filed with this Court, a Notice stating that it wished to maintain
the appeal. It further noted that the Office of Administrative Hearings had continued the July 11th
hearing and set the matter for a Status Review on August 1, 2016. Appellant also stated it did wish
this Court to stay the proceeding below.

IT IS THEREFORE ORDERED that, if any Appellee opposes Appellant’s Motion To Stay
the proceeding below, that Appellee shall file such an opposition on or before August 17, 2016.

NOTICE: LC cases are not under the e-file system. As a result, when a party files a document,
the system does not generate a courtesy copy for the Judge. Therefore, you will have to deliver to
the Judge a conformed courtesy copy of any filings.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

08/24/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

LC2016-000282-001 DT

08/22/2017

Docket Code 025
Form L000
Page 1

CLERK OF THE COURT
HONORABLE PATRICIA ANN STARR
C. Avena

Deputy

CANDLEWOOD ESTATES AT TROON
NORTH HOMEOWNERS ASSOCIATION
FREDERICK E DAVIDSON

v.

CAROL M ROOT (001)
ARIZONA DEPARTMENT OF FIRE BUILDING
AND LIFE SAFETY (001)
CAROL M ROOT
5080 SHADY ISLAND TRAIL
MOUND MN 55364

OFFICE OF ADMINISTRATIVE
HEARINGS
REMAND DESK-LCA-CCC

MINUTE ENTRY

On July 1, 2017, Appellant Candlewood Estates at Troon North Homeowners
Association filed a Notice of Appeal for Judicial Review of Administrative Decision. The Court
is now in receipt of the Briefs filed in accordance with Rule 6 of the Rules of Procedure for
Judicial Review of Administrative Decisions.

No party having requested Oral Argument, this Administrative Review is now set for
determination, pursuant to Rule 9.9, Maricopa County Superior Court Local Rules of Practice,
within 60 days from the filing of this Minute Entry.

NOTICE: LC cases are not under the e-file system. As a result, when a party files a docu-
ment, the system does not generate a courtesy copy for the Judge. Therefore, you will have to
deliver to the Judge a conformed courtesy copy of any new filings.

Michael K. Jeanes, Clerk of Court

*** Filed ***

08/26/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

LC2016-000282-001 DT

08/25/2016

Docket Code 023
Form L512
Page 1

CLERK OF THE COURT
HONORABLE PATRICIA ANN STARR
J. Eaton

Deputy

CANDLEWOOD ESTATES AT TROON
NORTH HOMEOWNERS ASSOCIATION
FREDERICK E DAVIDSON

v.

CAROL M ROOT (001)
ARIZONA DEPARTMENT OF FIRE BUILDING
AND LIFE SAFETY (001)

OFFICE OF ADMINISTRATIVE
HEARINGS
REMAND DESK-LCA-CCC

MINUTE ENTRY
After the Court received a Notice to Court of Intent to Maintain Appeal & Amended
Motion for Stay of Administrative Proceedings filed by Appellant on July 25, 2016, it ordered
that any Appellee who opposed the Motion to Stay file an opposition on or before August 17,
2016. (July 26, 2016 Minute Entry.)
No opposition has been filed. Moreover, Appellant has set forth good cause to stay the
proceedings below. Therefore,
IT IS ORDERED granting the Amended Motion to Stay.

/s/ Patricia A. Starr

THE HON. PATRICIA A. STARR

JUDGE OF THE SUPERIOR COURT

NOTICE: LC cases are not under the e-file system. As a result, when a party files a docu-
ment, the system does not generate a courtesy copy for the Judge. Therefore, you will have to
deliver to the Judge a conformed courtesy copy of any filings.

Michael K. Jeanes, Clerk of Court

*** Filed ***

10/24/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

LC2016-000282-001 DT

10/18/2017

Docket Code 641
Form L000
Page 1

CLERK OF THE COURT
HONORABLE PATRICIA ANN STARR
C. Avena

Deputy

CANDLEWOOD ESTATES AT TROON
NORTH HOMEOWNERS ASSOCIATION
FREDERICK E DAVIDSON

v.

CAROL M ROOT (001)
ARIZONA DEPARTMENT OF FIRE BUILDING
AND LIFE SAFETY (001)
CAROL M ROOT
10457 E MONUMENT DR
SCOTTSDALE AZ 85262

BRADLEY R JARDINE
OFFICE OF ADMINISTRATIVE
HEARINGS
REMAND DESK-LCA-CCC

MINUTE ENTRY

Appellant
Candlewood
Estates
at
Troon
North
Homeowners’
Association
(“Candlewood”) seeks reversal of the May 25, 2016 Order of the Department of Fire, Building
and Life Safety (“Department”) granting a petition for rehearing filed by Appellee Carol M.
Root (“Root”). For the following reasons, this Court dismisses this appeal.
I. FACTS AND PROCEDURAL BACKGROUND
Root filed a Petition against Candlewood with the Department, alleging that Candlewood
had violated the Declaration of Covenants, Conditions and Restrictions (“the CC&Rs”)
governing the community in which Root lives. Candlewood filed a Motion to Dismiss, which an
Administrative Law Judge (“ALJ”) granted.
The ALJ found that “the sole method to address any issues relating to the interpretation
and enforcement of both declarations is through the Dispute Resolution process” outlined in the

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

LC2016-000282-001 DT

10/18/2017

Docket Code 641
Form L000
Page 2

CC&Rs. (ALJ Decision, February 17, 2016, at 4-5.) The Office of Administrative Hearings
certified the ALJ Decision, and Root filed a Motion for Rehearing or Review.
The Department granted a rehearing in an order dated May 25, 2016, finding the ALJ
Decision “not justified by the evidence” or “contrary to law.” (Order, May 25, 2016, at 1.) The
Department issued the Order as a “final administrative decision,” and informed the parties that it
could be appealed. (Id. at 2.)
This appeal followed.
II. LEGAL ANALYSIS
Candlewood argues that the Order granting a rehearing is a final administrative order
because the Order says it is. But that is not the standard.
This Court may only review final administrative decisions. A.R.S. § 12-905(A). For an
administrative decision to be final, it must both affect the “legal rights, duties or privileges” of a
person and terminate the proceeding before the administrative agency. A.R.S. § 12-901(2).
Here, the decisions from which Candlewood filed its notice of appeal was not a final decision,
but instead the granting of a rehearing. It did not terminate the proceeding, but rather granted
Root’s request for a rehearing.
Thus, when Candlewood filed its notice of appeal, no final decision had yet been made.
The identification of the Order as a “final administrative decision” by the Director is erroneous,
and cannot confer jurisdiction on this Court when it in fact has none.
III. CONCLUSION
Based on the foregoing, this Court concludes that the Order granting the Motion for
Rehearing is not a final order, and thus, is not appealable.
IT IS THEREFORE ORDERED dismissing the appeal in this matter.
IT IS FURTHER ORDERED denying Candlewood’s request for attorneys’ fees and
costs, as they are not the prevailing party.
IT IS FURTHER ORDERED lifting the stay previously granted in this matter.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

LC2016-000282-001 DT

10/18/2017

Docket Code 641
Form L000
Page 3

IT IS FURTHER ORDERED any Application for Costs must be filed within 30 days of
the filing of this minute entry.
IT IS FURTHER ORDERED that this judgment is final pursuant to Rule 54(c), Ariz. R.
Civ. P., as no further matters remain pending.
IT IS FURTHER ORDERED signing this minute entry as a formal order of the Court.

THE HON. PATRICIA A. STARR

JUDGE OF THE SUPERIOR COURT

NOTICE: LC cases are not under the e-file system. As a result, when a party files a docu-
ment, the system does not generate a courtesy copy for the Judge. Therefore, you will have to
deliver to the Judge a conformed courtesy copy of any new filings.

Documents