Legal Opinion

Joe P. Guinn & State Farm v. Schweitzer

Court of Appeals of Arizona

Decided October 2, 1997No. 1CA-CV 96-0614PublishedCited by 10 opinions

1Opinion of the Court

OPINION

FIDEL, Judge.

A premature appeal to this court from a superior court ruling is not jurisdictionally defective. Barassi v. Matison, 130 Ariz. 418, 421-22, 636 P.2d 1200, 1203-04 (1981). Rather, it takes effect when the ruling is later embodied in an appealable judgment and entered by the clerk of court. Id.

We now consider the parallel question whether, after the superior court has referred a case for compulsory arbitration, a premature appeal to the superior court from the arbitration award is jurisdictionally defective. We hold, as in Barassi, that the appeal is not jurisdictionally…

2Cases cited6 opinions

  1. Barassi v. MatisonArizona Supreme Court · 1981
  2. Hanen v. WillisArizona Supreme Court · 1967
  3. McKillip v. Smitty's Super Valu, Inc.Court of Appeals of Arizona · 1997
  4. Arizona Corp. Commission v. Pacific Motor Trucking Co.Arizona Supreme Court · 1957
  5. Anderson v. Fidelity Southern Ins. Corp.Court of Appeals of Arizona · 1978

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Decola v. FreyerCourt of Appeals of Arizona · 2000
  2. Performance Funding, LLC v. Barcon Corp.Court of Appeals of Arizona · 2000
  3. Arizona State Democratic Party v. StateCourt of Appeals of Arizona · 2004
  4. Riendeau v. Wal-Mart Stores, Inc.Court of Appeals of Arizona · 2010
  5. Schwab v. Ames Const.Court of Appeals of Arizona · 2004

5 more not listed; retrieve them via the Exa API.

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