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Payed my Appeal Fee for Nothing


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Apparently 3/13/2013 Arizona changed their justice court rule from 14 days after the entry of judgment to 14 days after judgment.

 

So it looks like I file a couple days too late even though the clerk took my money. The Plaintiff filed a motion to strike my appeal. I am still going to submit an opposition to their motion but it looks like I'm done.  The judge convieniently signed it on a Friday . They did not mail it until Monday and I did not even get it until Wednesday.

 

Ironically, the judge took 3 months to make a decision on my trial. But took 6 days away from my appeal time

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  • 4 months later...

Apparently 3/13/2013 Arizona changed their justice court rule from 14 days after the entry of judgment to 14 days after judgment.

 

So it looks like I file a couple days too late even though the clerk took my money. The Plaintiff filed a motion to strike my appeal. I am still going to submit an opposition to their motion but it looks like I'm done.  The judge convieniently signed it on a Friday . They did not mail it until Monday and I did not even get it until Wednesday.

 

Ironically, the judge took 3 months to make a decision on my trial. But took 6 days away from my appeal time

 

@hot in az,

 

My Trial date was on Friday 03/21/14.

The Judge ruled against me.

 

As of today (Saturday 03/29/14), I don't see the Judgment entered (justicecourts.maricopa.gov website is still showing the case status

"01 - New Case" and also "there are no judgments on file".

 

I did not receive any mailing from the Court or Plaintiff's Attorney.

 

So, my question is: is 03/21/14 starting day for counting 14 days when I could file my Appeal to Superior Court ?

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@GDayMateAZ

 

Based on your post in Harry's thread, it's 14 days from the date of the judgment.

 

THE NOTICE OF APPEAL
To appeal you must file a NOTICE OF APPEAL with the trial court within fourteen calendar days from the date of  the judgment.

 

The link you provided said to review the Suprerior Court Rules of Appellate Procedure.  This is Rule 4(a) of those rules:

 

Superior Court Rules of Appellate Procedures-Civil

Rule 4(a)

(a) The notice of appeal shall be filed with the trial court within 14 calendar days after the entry of the order, ruling, or judgment appealed from, except that in forcible and special detainer cases, the time limit shall be five calendar days.

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@GDayMateAZ

 

Based on your post in Harry's thread, it's 14 days from the date of the judgment.

 

THE NOTICE OF APPEAL

To appeal you must file a NOTICE OF APPEAL with the trial court within fourteen calendar days from the date of  the judgment.

 

The link you provided said to review the Suprerior Court Rules of Appellate Procedure.  This is Rule 4(a) of those rules:

 

Superior Court Rules of Appellate Procedures-Civil

Rule 4(a)

(a) The notice of appeal shall be filed with the trial court within 14 calendar days after the entry of the order, ruling, or judgment appealed from, except that in forcible and special detainer cases, the time limit shall be five calendar days.

 

@BV80,

 

In my case the Court ruled against me on 03/21/14.

 

Let's sat that the Judgment Entry Date is 04/11/14.

 

So, should I assume that 04/25/14 is the deadline for filing the Notice of Appeal with $72.00 + $250.00 fees ? 

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The Superior Court gains Jurisdiction through a timely notice of appeal.  If your Notice of Appeal was not timely filed, it doesn't matter if the Plaintiff in your case filed a motion to dismiss, the court would have dismissed it on its own.  There's nothing they can do if you didn't timely file.  However, you should check your state statutes to see if there is a way to file a late notice in your state.  Some states do allow you to file a special motion with the Appellate Court requesting leave to file a late Notice of Appeal up to a certain amount of time after a Judgment, but it depends on your state. 

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@GDayMateAZ

 

I found another guide.

 

http://www.azcourts.gov/Portals/34/Guides/Superiorcourtljccivilappealsudated.pdf

 

It says:

 

The Superior Court Rules of Appellate Procedure (Civil) (“SCRAP Rules”) explain the procedure you must follow when appealing a decision from the justice court or municipal court to the Superior Court. You should also check your county’s Local Rules because they may be different.

 

So it appears that Maricopa County has a different rule.  The appeal must be made from the date of the judgment.

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Ok sorry I did not update this thread.  Call the court on Monday and ask the clerk when the judgment was entered. More than likely if the judge ruled against you it was entered on the next Monday. I won my right to appeal because the judge ruled on Friday but the clerk did not enter the judgment until Monday.  That being said the superior court still found in my favor with an eight page case law Az ruling stating that I was correct in my appeal window.

 

In Az tho Bv80 is incorrect that it is the date of judgment signed, but it is the date that it is entered. Do not rely on the online court thing, call the clerk on Monday to have her look at your file and tell you when it was entered. However my advise is to just get your appeal in ASAP so you do not stress about it.

Your judge should have given you the appeal papers at the trial. It acually is a fairly simple process. (Other than forking out the funds). You pay at justice court and fill out your appeal forms there. Good luck and may the appeal be with you!!!

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There is an old AZ case when a lost party had only 10 days (instead of 14, as now) for filing Appeal.

 

DNB Const., Inc. v. Superior Court, 607 P.2d 380, 125 Ariz. 61 (1980)

 

http://scholar.google.com/scholar_case?case=14475769972801357771&q=info:y0cXJxhE5MgJ:scholar.google.com&hl=en&as_sdt=0&inst=569367360547434339&oi=scholarr

 

"We must answer one question:

When does the time begin to run on a judgment in Justice Court for purposes of appeal ?"

 

"...When the action is tried to the court without a jury, the Judge shall announce his decision at the conclusion of the case,

A.R.S. § 22-241, supra.

 

The Justice of the Peace may defer determination until a later date.
When he does reach a decision, however, he is required by A.R.S. § 22-242 to set forth the terms of the judgment in the docket and sign it.

The judgment is entered at the time he signs the docket, A.R.S. § 22-242, and the aggrieved party has 10 days in which to perfect his appeal, A.R.S. § 22-262.

There is nothing in the statutes or rules which provides for the filing of a formal written judgment in the Justice Court.
The formal written judgment prepared by J & W Rents was of no effect and it did not extend the time for appeal.

Appeal being unavailable, the trial had no jurisdiction but to dismiss.
Kinnison v. Superior Court of Pima County, 46 Ariz. 133, 46 P.2d 1087 (1935).

 

We note that, because of the short time (10 days) between the entry of judgment and the time within which the aggrieved party must perfect his appeal,
when the Justice of the Peace elects to defer the decision until after trial and to notify the parties by mail, the aggrieved party may find it almost impossible to exercise his right of appeal.

 

He gets no solace from Rule 6(e) of the Rules of Civil Procedure, 16 A.R.S., which allows an additional time after service of mail, for the Rule specifically states, "This rule has no application to the mailing of notice of entry of judgment."

 

We can envision situations when the 10 day time limit could operate as a flat denial of a party's right to appeal; for example,
mail might be delayed so that the party does not receive notice of judgment within 10 days.

 

A party should be able to rely upon the mail for notice and should not be required to contact the Justice of the Peace every day to ascertain if judgment has been entered.

 

We believe that upon a proper showing that notice of judgment was received so late as to make appeal within the statutory time limit impossible, that the Superior Court could relieve the appealing party from strict application of the 10 day rule."

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No hijacking this thread was over! Also the judge in my case did not rule for 3 friggin months so basically the court said mailing or not  should not have to call court every day for 3 months to find out the ruling. The ruling in Az is 14 days after the clerk enters the judgment PERIOD!

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