[Download] "Burns V. Davis" by Arizona Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Burns V. Davis
- Author : Arizona Court of Appeals
- Release Date : January 10, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
¶1 Plaintiffs (Appellants) appeal from the dismissal of their defamation complaint. The trial court found that the statements at issue were made by witnesses and an attorney at a board of adjustment meeting and as such were within a quasi- judicial proceeding; therefore, the trial court held the statements were absolutely privileged. Although presented with a very brief record, we have reviewed its contents carefully and our Conclusions are as follows: 1) a qualified privilege existed for the statements made at the meeting, and 2) the dismissal of the action as a matter of law was premature because the trial court had not received testimony, reviewed it, and ruled on a record developed by the testimony. For these reasons, we reverse and remand for proceedings consistent with this opinion.