Tucson Telco Federal Credit Union v. Bowser

HATHAWAY, Chief Judge.

The right to appeal exists only by force of statute and therefore this court must pass upon its jurisdiction to consider an appeal. Howard P. Foley Co. v. Harris, 4 Ariz. App. 294, 419 P.2d 735 (1966) and cases cited therein. Examination of the record of the proceedings in the court below leads us to conclude that this appeal is premature.

Briefly, this litigation took the following course. The Bowsers, plaintiffs below, filed suit for damages for the allegedly wrongful repossession of their car by Tucson Telco. (Tucson Telco held the note and chattel mortgage.) Tucson…