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The difference is after a ruling, no matter by who, you only have a limited time to appeal it. If you file a motion to reconsider instead of appeal, and if that motion is denied....then you are stuck in court. You can only appeal after the case is over. AZ rules favor the plaintiff, so you will most likely lose.

If you file an interlocuary appeal, it kicks that one subject to a higher court. A real judge will hear it. There is no reason it should be denied. A Justice court judge does not always follow the rules, but a Higher Court judge will. That is the difference.

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@Blackbeard's Delight

 

In addition to what @shellieh98 said, a motion to reconsider merely requests that the judge who denied your MTC to reconsider his decision.   Since the chances of him changing his mind are probably slim, it's a waste of time.  Also, you only have so much time to appeal.  A motion to reconsider could take up that time and prevent an appeal.

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Here is a start-to-finish appeals process.  The first post has links to get the info and forms you need to start your appeal.  The most important thing is getting your notice filed within 14 days of the 'entry' of the judges order.  Entry is defined as when the clerk enters it into the record; not when the judge signs the order.

 

http://www.creditinfocenter.com/community/topic/323330-arizona-lost-to-cavalry-on-msj-also-lost-on-appeal/

 

 

To piggy back on to what @debtzapper said, Arizona Revised Statutes also gives you the right to directly appeal a denied motion to compel arbitration

 

 

12-2101.01. Appeals from arbitration awards

A. An appeal may be taken from any of the following:

1. An order denying an application to compel arbitration made under section 12-1502 or 12-3007.

http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/12/02101-01.htm&Title=12&DocType=ARS

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Here is a start-to-finish appeals process.  The first post has links to get the info and forms you need to start your appeal.  The most important thing is getting your notice filed within 14 days of the 'entry' of the judges order.  Entry is defined as when the clerk enters it into the record; not when the judge signs the order.

 

http://www.creditinfocenter.com/community/topic/323330-arizona-lost-to-cavalry-on-msj-also-lost-on-appeal/

 

 

To piggy back on to what @debtzapper said, Arizona Revised Statutes also gives you the right to directly appeal a denied motion to compel arbitration

 

http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/12/02101-01.htm&Title=12&DocType=ARS

@Harry Seaward

 

I thought AZ had an appeal from an MTC arb denial, but couldn't find the word "interlocutory" anywhere in the statute. I am glad you found the right to appeal under a different phrase.

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Thanks for all the info! Unfortunately now that I understand the guidelines for appealing, I've found that I'm going to have to try another option, as I didn't even receive notice of the denied MTC until after the 14 day window was up.

Note where I said the 14 days don't start until the clerk enters the judgment into the record.  Did you call and find out when that happened?  Does the letter/envelope postmark you were sent have a date that contradicts when the clerk claims it was entered?

https://scholar.google.com/scholar_case?case=2612766176448893378

Start reading about 1/4 down at "STANDARDS FOR GRANTING RELIEF FOR TAKING OF DELAYED APPEAL"

(It's an old case and Rule 77(d) has been moved to Rule 58(e))

According to that case, when you don't get the notice of the judgment, and there are other extraordinary reasons for your failure to appeal, you can file a Rule 60 motion (Rule 141 for Justice Court Rules) to have the judgment vacated and re-entered thereby extending your time to appeal.

 

Here's a more recent case relying on Geyler to find that the court's cluster-f of minute entries may have been "extraordinary" enough to grant a Rule 60 motion.

https://scholar.google.com/scholar_case?case=17044429414265358512

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Note where I said the 14 days don't start until the clerk enters the judgment into the record.  Did you call and find out when that happened?  Does the letter/envelope postmark you were sent have a date that contradicts when the clerk claims it was entered?

https://scholar.google.com/scholar_case?case=2612766176448893378

Start reading about 1/4 down at "STANDARDS FOR GRANTING RELIEF FOR TAKING OF DELAYED APPEAL"

(It's an old case and Rule 77(d) has been moved to Rule 58(e))

According to that case, when you don't get the notice of the judgment, and there are other extraordinary reasons for your failure to appeal, you can file a Rule 60 motion (Rule 141 for Justice Court Rules) to have the judgment vacated and re-entered thereby extending your time to appeal.

 

Here's a more recent case relying on Geyler to find that the court's cluster-f of minute entries may have been "extraordinary" enough to grant a Rule 60 motion.

https://scholar.google.com/scholar_case?case=17044429414265358512

You really have an excellent command of AZ law and procedure that only comes from being an AZ resident and having practical experience in AZ courts.  The same is true for members in other states, e.g., TX, CA, GA, MI, FL, IL, etc.,  who have specialized knowledge of their own state's law and procedure.   There is no substitute for that kind of specialization.

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You really have an excellent command of AZ law and procedure that only comes from being an AZ resident and having practical experience in AZ courts.  The same is true for members in other states, e.g., TX, CA, GA, MI, FL, IL, etc.,  who have specialized knowledge of their own state's law and procedure.   There is no substitute for that kind of specialization.

Thanks for the compliment.  I wish I could say my experience came as a result of a formal education or as a hobby.  lol

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I called, but the clerk was less than helpful- when I asked when the judgement had been entered he said that he couldn't find it, then he asked what date was listed on the judgement that I had been mailed, then said that must be the date to go by, and that I was (obviously) past that window. Unfortunately, I didn't know that it would behoove me to save the envelopes (although in hindsight it seems pretty obvious that keeping track of postmarks can be beneficial). I guess I can call again on Monday and hope to get a more helpful clerk.

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If you can't come up with anything concrete from the court, you can prepare your own affidavit in which you would swear to the date you received the notice.  Also include a statement that you called the court and their own clerk couldn't determine with certainty when the judgment had been entered.  That might buy you some purchase with your 'extraordinary circumstances' argument.

 

If you're in Maricopa County, take a look at your case on the court website.  It should show the date when the judgment was entered:

http://justicecourts.maricopa.gov/FindACase/casehistory.aspx

 

It seems even going by the date you received the notice, you're still cutting it close with the 14 day window, no?

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In both cases I linked to, one of the determining factors was how quickly the appellant responded to the late notice of judgment.  On the 7th you said you had received the notice the previous week.  You're now into the 3rd week since you received the notice, and even with a timely notice of judgment, you only had 14 days to get your notice of appeal in.

 

If you have any intention of appealing this, you have got to get your Rule 60/141 motion (with affidavit) filed ASAP.

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I called, but the clerk was less than helpful- when I asked when the judgement had been entered he said that he couldn't find it, then he asked what date was listed on the judgement that I had been mailed, then said that must be the date to go by, and that I was (obviously) past that window. Unfortunately, I didn't know that it would behoove me to save the envelopes (although in hindsight it seems pretty obvious that keeping track of postmarks can be beneficial). I guess I can call again on Monday and hope to get a more helpful clerk.

 

You'd be better off going to the clerk in person and requesting a docket printout of your case.

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I still don't understand why you don't just refile your MTD/MTC arb?  The judge denied your first motion (incorrectly) as "Moot", because of the settlement conference.  It was not adjudicated on the facts.  State that there was no settlement and refile your MTD/MTC.  

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I think the logic is if the judge denied the motion once, it's not likely he will see things differently the second time around.

However, if he does deny it, it may create a new set of grounds for appeal. The only question is if the apellate court will see it that way or merely as OP refilling just to get another shot at an appeal where the time had otherwise expired.

Given the amount of time that has passed, I'm thinking coffee is right and you'd have a better shot with a renewed motion to compel (and appeal thereof) as opposed to trying to appeal the one that has already been denied.

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@Coffee_before_tea, that's my plan. While I admit that an appeal would be preferable, I neglected to learn how to appeal or even how long of a window I had to do so until 2 weeks after I had received the judgement, so I figured that ship had sailed (but decided it wouldn't hurt to call to see when the judgement had actually been entered).

 

Interestingly enough, I regularly check my case history on the Maricopa County website that you linked @Harry Seaward and I have yet to see any judgments filed (but didn't know if my denied MTC counted as a "judgment"). Not sure if that's relevant at this point, but I suppose it wouldn't hurt to request a docket printout when I'm there refiling the MTC.

 

@Coffee_before_tea, I remember you suggesting asking for oral arguments, I assume that's just so I can pressure the judge to defend his position in person, ask them why they're disregarding all the case law I had included in my MTC, that sort of thing?

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@Blackbeard's Delight  Oral arguments are for what you assumed.  It allows you to present your case and arguments, and frame them in a way that benefits you best.  For example:  The judge denied your MTC arb as Moot, because there was a settlement conference scheduled.  One possible argument would be, that you refused to settle, and the court lacks subject matter jurisdiction, as ALL disputes must be resolved by private contractual arbitration.  Without oral arguments, the judge gets to gloss over your pleadings.  

 

Also, I'm not sure an appeal would be appropriate.  Remember, the judge denied your motion as *moot*, meaning the judge thought it was not applicable due to the pending settlement conference.  The motion was not decided on its merits.  In my opinion, it would be best to file your motion again.  Ask for oral arguments.  

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Alright so quick update- refiled back in December, basically the same MTC as the first, but added 

1. that I had filed with the AAA (and attached a copy of the filing acknowledgement)

2. That there was no legal precedent for a settlement conference being a suitable substitution for contractually obligated arbitration

3. That I was requesting oral arguments.

 

Well today I received a motion to strike & request for sanctions, as they allege that this second MTC is nearly identical and therefore was filed only to "unduly expand the proceedings and simply for the purpose of delay or harassment in violation of ARS 12-349"

So basically my response is just going to note that the circumstances are different for the second filing (since no agreement was reached in the first settlement conference), and list the above additions, any thoughts?

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1 hour ago, Blackbeard's Delight said:

Well apparently they were needlessly worried, as my motion was denied yet again.  Time to hop on the appeal train I guess

Sorry your motion was denied.  Hopefully you will fare better in the appeals court.  Collectors and their lawyers are trying to stop arbitration in AZ at all costs.  They know it will derail their money train.

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