Legal Opinion

Baker v. Bradley

Court of Appeals of Arizona

Decided March 5, 2013No. 1 CA-CV 11-0389PublishedCited by 15 opinions

1Opinion of the Court

OPINION

GEMMILL, Judge.

¶ 1 We address in this opinion the continuing problem of whether a premature notice of appeal has triggered this court’s appellate jurisdiction. Plaintiff John P. Baker, an inmate in the Arizona Department of Corrections (“ADOC”), appeals the superior court’s dismissal of his complaint. Baker filed a *478notice of appeal prior to the superior court’s entry of final judgment and did not file a new or amended notice of appeal after final judgment. In the exercise of our independent duty to examine our jurisdiction, we have had the issue of our jurisdiction under advisement.

¶ 2…

2Cases cited30 opinions

  1. Cooper v. PickettCourt of Appeals for the Ninth Circuit · 1997
  2. Stevens v. Mehagian's Home Furnishings, Inc.Arizona Supreme Court · 1961
  3. Barassi v. MatisonArizona Supreme Court · 1981
  4. Comerica Bank v. MAHMOODICourt of Appeals of Arizona · 2010
  5. Smith v. Arizona Citizens Clean Elections CommissionArizona Supreme Court · 2006

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3Cited by15 opinions

  1. Desert Palm Surgical Group, P.L.C. v. PettaCourt of Appeals of Arizona · 2015
  2. Melinda S. Workman v. Verde Wellness Center, Inc.Court of Appeals of Arizona · 2016
  3. Madrid v. Avalon Care Center-Chandler, L.L.C.Court of Appeals of Arizona · 2014
  4. Stout v. TaylorCourt of Appeals of Arizona · 2013
  5. Newman v. Select Specialty Hospital-Arizona, Inc.Court of Appeals of Arizona · 2016

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