Legal Opinion

Holm Development & Management, Inc. v. Superior Court

Court of Appeals of Arizona

Decided June 1, 1989No. 1 CA-SA 88-195PublishedCited by 1 opinion

1Opinion of the Court

OPINION

KLEINSCHMIDT, Judge.

In this special action we address the effect of filing an appeal from an order denying a motion to compel arbitration. We hold that such an appeal divests the trial court of jurisdiction over the case for every purpose except that of entering orders in furtherance of the appeal or of entering orders to perpetuate the testimony of witnesses pursuant to Rule 27(b), Arizona Rules of Civil Procedure.

The petitioners are a developer, a development company, and an architectural firm. The respondent real parties in interest, whom we will refer to as respondents, are a…

2Cases cited14 opinions

  1. Gulfstream Aerospace Corp. v. Mayacamas Corp.Supreme Court of the United States · 1988
  2. Carson v. American Brands, Inc.Supreme Court of the United States · 1981
  3. Enelow v. New York Life InsuranceSupreme Court of the United States · 1935
  4. Ettelson v. Metropolitan Life InsuranceSupreme Court of the United States · 1943
  5. Matterhorn, Inc. v. Ncr CorporationCourt of Appeals for the Seventh Circuit · 1985

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3Cited by1 opinion

  1. Phoenician Equity v. DreambrandsCourt of Appeals of Arizona · 2025

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