Nesmith v. Superior Court
In Nesmith v. Superior Court, 164 Ariz. 70, 71-72, 790 P.2d 768, 769-70 (App. 1990) the Court reversed a dismissal sanction imposed for discovery violations because:
(1) the trial court erred as a matter of law by requiring the sanctioned plaintiff to turn over original business records;
(2) the trial court did not expressly find "that the plaintiff personally, as opposed to the plaintiff's attorney, obstructed discovery";
(3) the trial court did not "thoroughly consider other, less severe sanctions";
(4) the sanctioned party did not violate a court order and had, albeit tardily, complied with the discovery rules before the defendant filed a motion to compel discovery.