State Ex Rel. Neely v. Rodriguez

OPINION

CORCORAN, Justice.

Defendant/Real Party in Interest Salvador Garcia Prado (defendant) petitions for review from the court of appeals special action decision reversing an order granting him a new trial. 163 Ariz. 391, 788 P.2d 124. The state has not responded. We accepted review of only one issue: does the court of appeals have subject matter jurisdiction to accept special action review of an appealable order after the appeal time has run? Because we hold that the answer is no, we conclude that the court of appeals erred by deciding the merits of the case. Accordingly, we vacate its…