Responding To Attorney Fees Application

Fourteenth Amendment Section * All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Rules of Civil Procedure *(a). Computation * March * In computing any period of time specified or allowed by these rules, by any local rules, by order of court, or by any applicable statute, the day of the act, event or default from which the designated period of time begins to run shall not be included. When the period of time specified or allowed, exclusive of any additional time allowed under subdivision (e) of this rule, is less than 11 days, intermediate Saturdays, Sundays and legal holidays shall not be included in the computation. When the period of time is 11 days or more, intermediate Saturdays, Sundays and legal holidays shall be included in the computation. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday or a legal holiday.Carroll v. Lee * Ariz. * (*) * P.2d * Judith (Lee) CARROLL, Appellee, v. Paul T. LEE, Appellant. No. *-PR. Supreme Court of Arizona, En Banc. January *, *. Reconsideration Denied February *, *. ** Leighton Rockafellow, Tucson, for appellee. Aboud & Aboud, P.C., Tucson, by Michael Aboud, for appellant. GORDON, Vice Chief Justice. Judith Carroll (Judy) has petitioned this Court for review of a decision of the court of appeals reversing the trial court's judgment granting her request of partition of certain real and personal property. We ** have jurisdiction pursuant to Ariz. Const. art. *, § *(*) and Rule *, Ariz.R.Civ. App.P. A.R.S. § *-*. Cook v. Cook, * Ariz. *, * P.2d * (*). See Carroll v. Lee, * Ariz. *, * P.2d "The sine qua non of any contract is the exchange of promises. Restatement (Second) of Contracts § * (*). From this exchange flows the obligation of one party to another. * Williston on Contracts § * at * (*). Although it is most apparent that two parties have exchanged promises when their words express ** a spoken or written statement of promissory intention, mutual promises need not be express in order to create an enforceable contract. Restatement (Second) of Contracts § *. Indeed, a promise `may be inferred wholly or partly from conduct,' id., and `there is no distinction in the effect of the promise whether it is expressed in writing, or orally, or in acts, or partly in one of these ways and partly in others.' Id. § *, comment a. See also Arizona Board of Regents v. Arizona York Refrigeration Co., * Ariz. *, *, * P.2d *, * (*). Thus, two parties may by their course of conduct express their agreement, though no words are ever spoken. From their conduct alone the finder of fact can determine the existence of an agreement. Restatement (Second) of Contracts § *; * A. Corbin, Contracts, § * at *-* (*). See also Malcoff v. Coyier, * Ariz. App. *, * P.2d * (*)." * Ariz. at *, * P.2d at *.Del. R. Ch. Ct. * (a)Time to Serve a Responsive Pleading. (*)In General. Unless another time is specified by this rule or statute, the time for serving a responsive pleading is as follows: (A) A defendant must serve an answer within 20 days after being served with the summons and complaint; (B) A party must serve an answer to a counterclaim or crossclaim within 20 days after being served with the pleading that states the counterclaim or crossclaim. (*)Effect of a Motion. Unless the Court sets a different time, serving a motion under this rule directed at a pleading in whole or part alters these periods as follows: (A) If the Court denies the motion or postpones its disposition until trial, the responsive pleading must be served within 10 days after notice of the Court's action; or (B) If the Court grants a motion for a more definite statement, the responsive pleading must be served within 10 days after the more definite statement is served. (b)How to Present Defenses. Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required. But a party may assert the following defenses by motion: (*) lack of subject-matter jurisdiction; (*) lack of personal jurisdiction; (*) insufficient process; (*) insufficient service of process; (*) failure to state a claim upon which relief can be granted; and(*) failure to join a party under Rule *. (c)Motion for Judgment on the Pleadings. After the pleadings are closed-but early enough not to delay trial-a party may move for judgment on the pleadings. (d)Result of Presenting Matters Outside the Pleadings. If a party moves under Rule *(b)(*) or *(c) and presents matters outside the pleadings that are not excluded by the Court, then (*) the motion must be treated as one for summary judgment under Rule *; and (*) all parties must be given a reasonable opportunity to present pertinent material under Rule *. (e)Motion for a More Definite Statement. A party may move for a more definite statement of a pleading to which a responsive pleading is allowed but that is so vague or ambiguous that the party cannot reasonably prepare a response. The party must move before filing a responsive pleading, and the motion must identify the defects and the details required to reasonably prepare a response. If the Court orders a more definite statement and the order is not obeyed within 10 days after notice of the order or within the time the Court sets, the Court may strike the pleading or issue any other appropriate order. (f)Motion to Strike. A party may move to strike from a pleading any insufficient defense or any material that is redundant, scandalous, immaterial, or not pertinent. The party must move either before responding to the pleading or, if a response is not allowed, within 20 days after being served with the pleading. The Court may also act on its own initiative. (*)When No Responsive Pleading Is Allowed. If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim. preserved initially-as to the new matter. In *, Rule * was revised to align its language with Federal Rule of Civil Procedure * so that authorities interpreting the federal rule could be cited more easily as persuasive authority for the interpretation of Rule *. No substantive change in the interpretation of the rule was intended, and prior Delaware authorities interpreting the rule remain applicable.(*)Amended and Supplemental Pleadings. If a pleading raises new matter that is subject to a defense listed in Rule *(b)(*)-(*), then an opposing party may assert that defense-even if not asserted or preserved initially-as to the new matter. (i)Deferral Until Trial. The Court may defer until trial ruling on any defense listed in Rule *(b) -whether made in a pleading or by motion-or any motion under Rule *(c). Amended May *, *, effective */*/*. Comment In *, Rule * was revised to align its language with Federal Rule of Civil Procedure * so that authorities interpreting the federal rule could be cited more easily as persuasive authority for the interpretation of Rule *. No substantive change in the interpretation of the rule was intended, and prior Delaware authorities interpreting the rule remain applicable.