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Stallings v. Spring Meadows Apartment Complex Limited Partnership3/26/1996
loy any of the words from the § 362(d) list, the court did lift the stay so that plaintiffs could "proceed" with their action in state court, which corresponds to the language of one of the examples in the legislative history. More importantly, when plaintiffs moved for relief from the automatic stay, the bankruptcy court knew that their complaint had been filed in state court and served on Spring Meadows. In this situation, had the bankruptcy court meant to require the filing of an identical complaint, it surely would have said so. The common meaning of "proceed" is "to go forward or onward, especially after an interruption; continue." The American Heritage Dictionary of the English Language 1444 (3d ed. 1992). In interpreting the lift stay order, we assume that the court intended that the words it used would be understood by their common meanings. See 60 C.J.S. Motions & Orders § 64, at 109-11 (1969) (same rules of construction apply to court orders as to any other writing); Huerta v. Flood, 103 Ariz. 608, 611, 447 P.2d 866, 869 (1968) ("words . . . are to be given their ordinary meaning unless it appears from the context or otherwise that a different meaning is intended"). In this case, it does not appear from the context or otherwise that the bankruptcy court intended anything other than for plaintiffs to proceed with their original complaint. Moreover, we can think of no reason why the bankruptcy court, having concluded that plaintiffs should be free to pursue their cause of action in state court, would then place a burden on plaintiffs and on our state court system by requiring plaintiffs to file a second, identical complaint.
We hold that the original lift stay order granted plaintiffs retroactive relief from the automatic stay, and the original complaint was a valid instrument. Indeed, the bankruptcy court's clarification order, of which we have taken judicial notice, explicitly granted retroactive relief. This court and the bankruptcy court therefore appear to be in harmony on this issue.
Disposition
We hold that the bankruptcy court granted plaintiffs retroactive relief from the automatic stay such that plaintiffs were not required to refile their original complaint within the 30-day federal extension of the state statute of limitations. We vacate the court of appeals' opinion, reverse the trial court's summary judgment for Spring Meadows, and remand the case to the trial court for denial of Spring Meadows' motion to dismiss and for further proceedings consistent with this opinion. Finally, because our decision preserves plaintiffs' first action, plaintiffs' second action can be dismissed.
Robert J. Corcoran, Justice (Retired)
Concurring
Stanley G. Feldman, Chief Justice
Thomas A. Zlaket, Vice Chief Justice
James Moeller, Justice
Frederick J. Martone, Justice
Page 1 2 3 4 Arizona Personal Injury Attorneys
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