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Domas v. Wilder

ARIZONA COURT OF APPEALS DIVISION ONE
Jun 30, 2020
No. 1 CA-CV 19-0728 (Ariz. Ct. App. Jun. 30, 2020)

Opinion

No. 1 CA-CV 19-0728

06-30-2020

HARRY P. DOMAS, Plaintiff/Appellant, v. WILLIAM H. WILDER, Defendant/Appellee.

COUNSEL Harry P. Domas, Concho Plaintiff/Appellant William H. Wilder, Concho Defendant/Appellee


NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.

Appeal from the Superior Court in Apache County
No. S0100CV201900130
The Honorable D. Steve Williams, Judge, Pro Tempore, Retired

AFFIRMED

COUNSEL

Harry P. Domas, Concho
Plaintiff/Appellant

William H. Wilder, Concho
Defendant/Appellee

MEMORANDUM DECISION

Judge Jennifer M. Perkins delivered the decision of the Court, in which Presiding Judge David D. Weinzweig and Judge James B. Morse Jr. joined.

PERKINS, Judge:

¶1 Harry P. Domas appeals from the trial court's dismissal of his complaint for failure to state a claim. We affirm.

¶2 In July 2019, Domas filed a civil complaint against William H. Wilder alleging violations of A.R.S. section 13-2703 (state criminal false swearing) and 18 U.S.C. section 1621 (federal criminal perjury). Wilder filed a motion to dismiss for improper service and, in the alternative, failure to state a claim. The trial court granted the motion to dismiss, finding Domas failed to state a claim on which relief could be granted.

¶3 We review a trial court's grant of a motion to dismiss for failure to state a claim de novo. Conklin v. Medtronic, Inc., 245 Ariz. 501, 504 ¶ 7 (2018).

¶4 The trial court dismissed Domas's complaint because he cited state and federal criminal statutes as the basis for his civil complaint against Wilder. Domas does not cite any legal authority—and we are aware of none—granting him a private right to enforce state and federal criminal statutes against other private individuals. We affirm the trial court's ruling.


Summaries of

Domas v. Wilder

ARIZONA COURT OF APPEALS DIVISION ONE
Jun 30, 2020
No. 1 CA-CV 19-0728 (Ariz. Ct. App. Jun. 30, 2020)
Case details for

Domas v. Wilder

Case Details

Full title:HARRY P. DOMAS, Plaintiff/Appellant, v. WILLIAM H. WILDER…

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Jun 30, 2020

Citations

No. 1 CA-CV 19-0728 (Ariz. Ct. App. Jun. 30, 2020)