Appeals Flashcards
When can a ruling or decision be appealed?
A “final judgment” cannot be appealed until the judgement includes a statement of finality under ARS 12-2101(A)(1), and Rule 78(b) or (c) language satisfies this requirement.
Does a special order (post-decree) need finality language?
Nope. NO finality language is required to appeal a “special order entered after final judgement” under Section 12-2101(A)(2).
What is Rule 78
Rule 78
a. Definition
1. “Judgment” includes a decree or an order from which an appeal lies.
2. “decision” as used in this rule is a written order, ruling or ME that adjudicates at least one issue
b. Judgment upon Multiple Claims or Involving Multiple Parties – Where there are multiple claims for relief and the judge decides fewer than all of them, the court can make those decisions “final” only if it expressly states that the judgment is entered pursuant to this subsection (b).
c. Judgment to all claims, issues, and parties- A judgment to all claims, issues or parties is not final unless the judgment recites that no further matters remain pending and that the judgment is entered under Rule 79(c).
d. Entry of judgment after death of party – can only be had if the decision was before the party’s death but an order dissolving the marriage can never be entered after death.
e. Attorney fees, costs, and expenses
i. Must be made in pleadings or by motion in advance
ii. Must be included in PTS
f. Form of judgment and objection to form (Proposed forms)
i. Objections within 5 days
ii. Has to be served on all parties
g. Entering Judgment -in writing and signed by judge
h. Notice of Entry of Judgment
i. By clerk – distribute and make record of distribution
ii. By party – any party may serve notice per Rule 43
i. Form of Notice
i. Notice can be written, a ME or a conformed copy
j. Lack of notice – does NOT stop the clock for appeals
k. No offers of judgment in Family Court allowed
ARCAP Rule 9 what motions extend deadline to file notice of appeal?
82(b), 83 and 85
What does ARCAP Rule 11 require?
appellant must include a transcript of the proceedings.
What does a rule 78(c) certification state?
statement of finality. “This decree/judgment is final unless and there are no further matters remain pending and that the judgment is entered under Rule 78(c).”
What constitutes a “Special Order” after final judgment?
order (1) must involve different issues than “those that would arise from an appeal from the underlying judgment” and (2) must affect “the underlying judgment by enforcing it or staying its execution.” Arvizu v. Fernandez (1995)
When can you appeal?
ARS 12-2101 allows appeals from several categories, in addition to special orders and judgments/decrees, including:
Granting or dissolving or refusing to grant or dissolve an injunction is one of them – 2101((5)(b). Orders granting or dissolving IAH are appealable. Wood v. Abril, (2018).
Typically, TC loses jurisdiction after a notice of appeal has been filed, it “retains jurisdiction to act so long as that act cannot negate the decision in a pending appeal or frustrate the appeal process.” State v. O’Connor (1992).
Generally, COA lacks jurisdiction over appeals from civil-contempt orders, and such orders are only reviewable by special action. Stoddard v. Donahoe (2010). See also Eans-Snoderly (2020) See also Danielson v. Evans (2001)
This general rule does not apply to contempt orders that go beyond the finding of contempt and are instead based upon an underlying order, which is appealable pursuant to 12-2101. Green v. Lisa Frank, Inc. (2009)
What is the holding in Yee v. Yee and now Blos v. Blos?
Rule 83 motion is not permitted on post-decree rulings and orders, and does not extend the time to file a notice of appeal. Its 30 days and no certification language is needed in post-decree matters., even if you get the language, it does not save you either.
Can you appeal an order of contempt?
No. S.A. only
