Bill Text: AZ SB1017 | 2018 | Fifty-third Legislature 2nd Regular | Introduced
Bill Title: Appellate review; municipal; justice courts
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-09 - Senate read second time [SB1017 Detail]
Download: Arizona-2018-SB1017-Introduced.html
PREFILED DEC 06 2017
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REFERENCE TITLE: appellate review; municipal; justice courts |
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State of Arizona Senate Fifty-third Legislature Second Regular Session 2018
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SB 1017 |
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Introduced by Senator Kavanagh
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AN ACT
amending sections 12‑2101 and 22‑375, Arizona Revised Statutes; relating to the court of appeals.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-2101, Arizona Revised Statutes, is amended to read:
12-2101. Judgments and orders that may be appealed
A. An appeal may be taken to the court of appeals from the superior court in the following instances:
1. 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 if the annual rental value of the property is less than three hundred dollars.
2. From any special order made after final judgment.
3. From any order affecting a substantial right made in any action when if the order in effect determines the action and prevents judgment from which an appeal might be taken.
4. From a final order affecting a substantial right made in a special proceeding or on a summary application in an action after judgment.
5. From an order:
(a) Granting or refusing a new trial, or granting a motion in arrest of judgment.
(b) Granting or dissolving an injunction, or refusing to grant or dissolve an injunction or appointing a receiver.
(c) Dissolving or refusing to dissolve an attachment or garnishment.
(d) Granting or denying a petition to restore a person's right to possess a firearm pursuant to section 13‑925.
6. From an interlocutory judgment that determines the rights of the parties and directs an accounting or other proceeding to determine the amount of the recovery.
7. From an interlocutory judgment in any action for partition that determines the rights and interests of the respective parties, and that directs partition to be made.
8. 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.
9. From a judgment, decree or order entered in any formal proceedings under title 14.
10. From an order or judgment:
(a) Adjudging a person insane or incompetent, or committing a person to the state hospital.
(b) 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.
11. From an order or judgment made and entered on habeas corpus proceedings:
(a) The petitioner may appeal from an order or judgment refusing his discharge.
(b) 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.
12. From an order or judgment entered by the superior court pursuant to title 22, chapter 3, article 5.
B. If any order or judgment referred to in this section is made or rendered by a judge it is appealable as if made by the court.
Sec. 2. Section 22-375, Arizona Revised Statutes, is amended to read:
22-375. Appeal from superior court in action appealed from inferior court
A. An appeal may be taken to the court of appeals by the defendant, this state or any of its political subdivisions from a final judgment of the superior court in an action appealed from a justice of the peace or municipal court, if the action involves the validity of a tax, impost, assessment, toll, municipal fine or statute.
B. Except as provided in this section, there shall be no appeal from the judgment of the superior court given in an action appealed from a justice of the peace or a municipal court.
