State v. Birmingham

STRUCKMEYER, Justice.

Appellees have petitioned this Court for a rehearing limited to the procedural aspect of this Court’s decision, 95 Ariz. 310, 390 P.2d 103. In our decision, we held that the statute A.R.S. § 12 — 2101 providing when an appeal may be taken to this Court was substantive and controlled over the provisions of the procedural Rule 58(a), Rules of Civil Procedure, 16 A.R.S. We now are of the opinion that while the right to appeal is substantive the manner in which the right may be exercised is subject to control through the use of procedural rules.

Uniformly, the substantive law…