Sarwark v. Thorneycroft

OPINION

JACOBSON, Judge.

This dispute arises out of a motion to dismiss appellant’s appeal on the grounds that this court lacks appellate jurisdiction over the subject matter of the appeal. While normally motions to dismiss are handled by unpublished orders of this court, because of the conflict existing between decisions of the two divisions of the Arizona Court of Appeals in this area, this department desires to dispose of this matter by published opinion.

The facts necessary to dispose of the jurisdictional issue presented are not in dispute. This matter originally arose out of an order of…