U S West Communications, Inc. v. Arizona Department of Revenue

OPINION

FELDMAN, Justice,

¶ 1 We granted review in this case to determine whether we should continue to follow the rule that a party seeking to obtain relief from a judgment entered after remand from an appellate court must first apply to the appellate court for permission to pursue its motion in the trial court. We conclude that we should not continue to follow that rule and therefore overrule Rogers v. Ogg, 101 Ariz. 161, 416 P.2d 594 (1966), which held that permission is required. We have jurisdiction pursuant to Arizona Constitution article VI, section 5(3) and A.R.S. § 12-120.24 (1992).

FACT…