Appellate Practice

Whether you are pursuing or defending an appeal, choosing the right attorney may make all the difference. The attorneys at McGuire Gardner have extensive appellate experience. Attorneys at McGuire Gardner have successfully represented clients before the 9th Circuit Court of Appeals, the Arizona Supreme Court, Arizona Court of Appeals, and the Navajo Nation Supreme Court.

Representative Cases

Williams v. Williams

Douglas Gardner successfully obtained a reversal of the trial court’s order denying Mr. Williams request for attorney's fees. The appellate court stated that parties representing themselves must demonstrate the same standard of reasonableness as parties with counsel. Additionally, the appellate court stated that the trial court must consider the financial resources of both parties when determining awards of attorney’s fees.

Bennett v. Reuter CA-CV 07-0299

The court of appeals reversed the trial court’s order vacating Mr. Bennett’s default judgment. The default judgment awarded Mr. Bennett a judgment of foreclosure of certain tax liens. Attorney Pernell McGuire successfully convinced the court of appeals to overturn the trial court’s ruling thereby restoring the judgment of foreclosure permitting Mr. Bennett to take title to certain real property valued in excess of $1 million.

University Exxon, Inc. v. Win Oil, Case No. CV97-00556-EHC, Civil Appeal Number 98-17369.

Pernell McGuire successfully defended Win Oil in a case wherein University Exxon alleged a violation of the Petroleum Marketing Practices Act seeking damages in excess of $500,000. After obtaining summary judgment from the trial court, Mr. McGuire successfully argued before the 9th Circuit Court of Appeals, who affirmed the dismissal of University Exxon’s case.

Staff Relief v. Polacca, SC-CV-86-98

Pernell McGuire successfully represented Staff Relief before the Navajo Nation Supreme Court. Mr. Polacca successfully obtained a default judgment exceeding $100,000 against Staff Relief from the Tuba City District Court, and Staff Relief’s attorneys failed to appeal within the jurisdictional time limits. Mr. McGuire successfully argued that the District Court should not have entered judgment due to certain procedural irregularities before the Navajo Nation Labor Commission.

Baca v. Struve Distributing, Inc.

Pernell McGuire represented Albert Baca before the Arizona Court of Appeals obtaining a reversal of the trial court’s ruling finding that a settlement agreement was binding upon Mr. Baca. The Court of Appeal’s decision made it possible for Mr. Baca to properly defend himself in a fraudulent conveyance action brought against him by Struve.