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Home > Statutes > Usa Arizona

USA Statutes : arizona
Title : Courts and Civil Proceedings
Chapter : APPEALS

12-2101.01 Appeals from arbitration awards
A. An appeal may be taken from:
1. An order denying an application to compel arbitration made under the terms of
section 12-1502;
2. An order granting an application to stay arbitration made under the terms of
subsection B of section 12-1502;
3. An order denying confirmation of an award;
4. An order modifying or correcting an award;
5. An order vacating an award without directing a rehearing; or
6. A judgment or decree entered pursuant to the provisions of article 1, chapter 9,
of this title.
B. The appeal shall be taken in the manner and to the same extent as from orders or
judgments in a civil action.

12-2101 Judgments and orders which may be appealed
A. An appeal may be taken to the court of appeals from the superior court in the
instances specified in this section.
B. From a final judgment entered in an action or special proceeding commenced in a
superior court, or brought into a superior court from any other court, except in actions
of forcible entry and detainer when the annual rental value of the property is less than
three hundred dollars.
C. From any special order made after final judgment.
D. From any order affecting a substantial right made in any action when the order
in effect determines the action and prevents judgment from which an appeal might be
taken.
E. From a final order affecting a substantial right made in a special proceeding or
upon a summary application in an action after judgment.
F. From an order:
1. Granting or refusing a new trial, or granting a motion in arrest of judgment.
2. Granting or dissolving an injunction, or refusing to grant or dissolve an
injunction or appointing a receiver.
3. Dissolving or refusing to dissolve an attachment or garnishment.
G. From an interlocutory judgment which determines the rights of the parties and
directs an accounting or other proceeding to determine the amount of the recovery.
H. From an interlocutory judgment in any action for partition which determines the
rights and interests of the respective parties, and directs partition to be made.
I. From any interlocutory judgment, decree or order made or entered in actions to
redeem real or personal property from a mortgage thereof or lien thereon, determining
such right to redeem and directing an accounting.
J. From a judgment, decree or order entered in any formal proceedings under title
14.
K. From an order or judgment:
1. Adjudging a person insane or incompetent, or committing a person to the state
hospital.
2. Revoking or refusing to revoke an order or judgment adjudging a person insane or
incompetent, or restoring or refusing to restore to competency any person who has been
declared insane or incompetent.
L. From an order or judgment made and entered on habeas corpus proceedings:
1. The petitioner may appeal from an order or judgment refusing his discharge.
2. The officer having the custody of the petitioner, or the county attorney on
behalf of the state, from an order or judgment discharging the petitioner whereupon the
court may admit the petitioner to bail pending the appeal.
M. If any of the orders or judgments referred to in this section are made or
rendered by a judge they are appealable as if made by the court.

12-2102 Scope of review by supreme court upon appeal from final judgment
A. Upon an appeal from a final judgment, the supreme court shall review any
intermediate orders involving the merits of the action and necessarily affecting the
judgment, and all orders and rulings assigned as error, whether a motion for a new trial
was made or not.
B. If a motion for new trial was denied, the court may, on appeal from the final
judgment, review the order denying the motion although no appeal is taken from the order.
C. On an appeal from a final judgment the supreme court shall not consider the
sufficiency of the evidence to sustain the verdict or judgment in an action tried before
a jury unless a motion for a new trial was made.

12-2103 Powers of supreme court on appeal; affirmance; reversal; modification; restitution; rehearing when three judges do not concur
A. The supreme court may affirm, reverse or modify a judgment or order appealed
from, and may render such judgment or order as the court below should have rendered, or
may remand the action to the court below with directions to render such judgment or
order, or may direct that a new trial or other proceedings be had, as justice may
require, accompanying the mandate with a copy of its opinion.
B. When the judgment or order is reversed or modified the court may make complete
restitution of all property and rights lost by the erroneous judgment or order.
C. If three judges do not concur the action shall be reheard.

12-2104 Remittitur or additur by supreme court
A. The supreme court may order that if the party who has recovered damages shall,
within such time as the court may fix, file a remittitur from the judgment of the amount
which the court deems excessive, the judgment as to the remainder of the damages shall be
affirmed, otherwise reversed and a new trial ordered.
B. If the supreme court deems the judgment inadequate and insufficient it may order
that if both parties consent to the entry of judgment for such amount as the court deems
adequate, the court from which the appeal was taken shall render judgment for such
amount, and that in case of failure to so consent, the judgment shall be reversed.

12-2105 Extent of judgment against surety on bond for costs on appeal or supersedeas bond; direction when money deposited in lieu of bond
A. When the supreme court affirms the judgment or order appealed from, it shall
give judgment against appellant and the surety upon the bond for costs on appeal for
costs of the supreme court and the court below.
B. When a supersedeas bond has been given, and the appeal is from a judgment for
the recovery of money, the supreme court shall give judgment against appellant and the
surety upon such bond for the amount of the judgment with interest from the date of its
rendition.
C. If money has been deposited in lieu of bond, the supreme court shall direct that
the costs and the amount of the judgment be paid from the money deposited.

12-2106 Penalty for taking frivolous appeal or appeal for delay
When the supreme court is of the opinion that an appeal has been taken for delay,
and that there was not sufficient grounds for taking an appeal, it may include in its
judgment an additional amount, not exceeding ten per cent of the judgment appealed from,
if the judgment is for the recovery of money, and not exceeding five hundred dollars in
other cases, as damages for a frivolous appeal.

12-2107 Filing fees on appeal; exception
A. The appellant in a civil action appealed to the court of appeals or the supreme
court, as the case may be, shall upon filing the notice of the appeal pay to the clerk of
the superior court in the county from which the action is appealed a filing fee
established pursuant to section 12-284. This fee is exclusive of the per page copy fee
prescribed by section 12-284. If an appellee files a cross appeal in the same case a
filing fee established pursuant to section 12-284 shall be paid to the clerk of the
superior court.
B. A filing fee shall not be charged to an appellant for filing an appeal, or to an
appellee filing a cross appeal in the same case, to the court of appeals or to the
supreme court from an order:
1. Granting or denying a petition for an order of protection under section 13-3602.
2. Granting or denying an injunction against harassment under section 12-1809.
3. Quashing an order of protection or injunction against harassment.

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