Daryl Manhart

Daryl Manhart is an AV® Preeminent 5.0 out of 5 peer review rated attorney in Martindale-Hubbell. He is a senior shareholder handling commercial and real estate transactions, commercial litigation, and general business representation. Daryl is also the firm’s principal appellate attorney handling civil appeals, including special actions, in state and federal appellate courts in diverse practice areas, including cases before the U.S. Supreme Court. The firm’s trial lawyers regularly consult with him on significant motions and other matters to help position cases for a successful outcome on appeal. Daryl is called upon by lawyers in other firms for consultation on their appeals or for referral as appellate counsel.

Daryl also served for ten years as an adjunct professor at Grand Canyon University from 1995 – 2004. He taught business law at both undergraduate and graduate levels.

Practice Areas

Business & Corporate Law
Commercial Litigation
Real Estate

Education

J.D., Arizona State University, 1978

B.S., Arizona State University, 1974, Math; 1975, Chemistry

Admitted In

Arizona
United States Supreme Court
United States Court of Appeals for the Ninth Circuit
United States District Court for the District of Arizona

Areas of Concentration

Appellate
Business Litigation
Land Use and Zoning
Real Estate Litigation

Honors & Awards

Ranked AV® Preeminent™ 5.0 out of 5*

*AV® Preeminent ™ and BV® Distinguished™ are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.

Representative Engagements

• Representation of buyers and sellers of both unimproved and developed Arizona real estate
• Representation of buyers and sellers of businesses, or with respect to sales of substantial assets of a business

• Representation of landlords and tenants with respect to Arizona commercial leases, negotiation, preparation, and litigation

• Preparation of documents and advising clients with respect to non-competition covenants and non-disclosure agreements
• Representation of title insurance companies in various litigation matters with respect to Arizona properties
• Establishing and litigating real property easements

• Preparation of documents and advising clients regarding employment, independent contractor, and distributorship agreements
• Representation of appliance/consumer product rental companies
• Preparation of documents and advising clients regarding contractor, subcontractor, and other construction contracts and representation in litigation
• Advising clients with respect to corporate director, officer, and shareholder matters
• Representation of Arizona state and Maricopa County agencies in various litigation and appeals, including opposition to class action claims

Professional Leadership

Adjunct Professor, Grand Canyon University, 1995 – 2004

Professional Affiliations

American Bar Association
State Bar of Arizona
Maricopa County Bar Association
American Chemical Society

Reported Cases

U.S. Supreme Court Decisions:

Horne v. Flores, 129 S.Ct. 2579 (2009)

District of Columbia v. Heller, 554 U.S. 570 (2008)

Federal Appeals:

Campbell v. Allied Van Lines, Inc., 410 F.3rd 618 (9th Circuit. 2005)

Arizona State Carpenters Pension Trust Fund v. Citibank (Arizona), 125 F.3rd 715 (9th Circuit 1997)

Bankruptcy Court:

In re: Gaynes, 27 B.R. 161 (1983)

Arizona Appeals:

Canyon del Rio Investors v. Flagstaff, 2011 WL 2162558 (2011)

Dooley v. O'Brien, 244 P.3d 586 (2010)

In re Estate of Zilles, 200 P.3d 1024 (2008)

Haab v. Maricopa County, 191 P.3d 1025 (2008)

State Farm Fire & Cas. In. Co. v. Grabowski 150 P.3d 275 (2007)

Doe v. Arpaio 150 P.3d 1258 (2007)

Pima County v. Pima County Law Enforcement Merit System Council 119 P.3d 1027 (2005)

Department of Economic Security v. Hayden, 115 P.3d 116 (2005)

Flanders v. Maricopa County 54 P.3d 837 (2002)

In re General Adjudication of All Rights to Use Water in Gila River System and Source, 9 P.3d 1069 (2002)

Steiger v. Woods 32 P.3d 19 (2001)

Saucedo v. Salvation Army, 24 P.3d 1274 (2001)

Stephens v. Bashas' Inc. 924 P.2d 117 (1996)

Monti v. Monti 924 P.2d 122 (1996)

State v. Korzuch, 920 P.2d 312 (1996)

Hrudka v. Hrudka, 919 P.2d 179 (1995)

Reed v. Mitchell & Timbanard, P.C. 903 P.2d 621 (1995)

Stine v. Stine, 880 P.2d 142 (1994)

In re General Adjudication of All Rights to Use Water in Gila River System and Source 857 P.2d 1236 (1993)

Church v. Rawson 842 P.2d 1355 (1992)

Bledsoe v. Goodfarb 823 P.2d 1264 (1991)

Mutual Insurance Co. of Arizona v. Bodnar, 793 P.2d 560 (1990)

Durnin v. Karber Air Conditioning Co., 778 P.2d 1312 (1989)

Lincoln v. Lincoln, 746 P.2d 13 (1987)

McGuire v. Caterpillar Tractor Co., 728 P.2d 290 (1986)

Amex Distributing Co., Inc. v. Mascari 724 P.2d 596 (1986)

Deatherage v. Deatherage, 681 P.2d 469 (1984)

Bischofshausen v. Pinal-Gila Counties Air Quality Control Dist. 673 P.2d 307 (1983)

Kinnear v. Finegan 672 P.2d 986 (1983)

Professional Furniture Service v. Industrial Com'n of Arizona 650 P.2d 508 (1982)

Industrial Indemnity Co. v. Beeson, 647 P.2d 634 (1982)

Ott v. Samaritan Health Service 622 P.2d 44 (1980)

Practice Areas

Appellate Practice Law

Business Law

Commercial Law

Commercial Litigation Law

Commercial Real Estate Law

Corporate Law

Litigation

Real Estate Law

Zoning, Planning and Land Use Law

Civil Litigation Law

M&A Law

Breach of Contract Law

Daryl Manhart

Burch & Cracchiolo, P.A.