Ariz. Rev. Stat. § 12-2101

Section 12-2101(J) permits an appeal from a formal probate order admitting a will, but a summary judgment dismissing objections to the will is not independently appealable without a Rule 54(b) determination.

Valley National Bank v. Dykstra · filed 1983-08-09(J)

Although the summary judgment is not an appealable order under A.R.S. § 12-2101(J) absent a rule 54(b) determination, we hold that the order admitting the will to probate, filed January 27, 1981, is an appealable order.

Section 12-2101(J) permits an appeal from the final disposition of each formal proceeding in an unsupervised probate administration.

In RE ESTATE OF McGATHY · filed 2010-12-02(J)

For the reasons above, we hold that § 12-2101(J) permits appeal of the final disposition of each formal proceeding instituted in an unsupervised administration.

Section 12-2101(J) permits an appeal from the final disposition of each formal proceeding in an unsupervised probate administration.

Waldow v. Laporta · filed 2010-12-02(J)

For the reasons above, we hold that § 12-2101(J) permits appeal of the final disposition of each formal proceeding instituted in an unsupervised administration.

Section 12-2101(L) does not entitle a habeas petitioner to bail while appealing denial of relief in an extradition proceeding.

Burr v. Frey · filed 1965-11-17(L)(1)

Since our Supreme Court has previously passed on the matter and interpreted the Arizona legislative enactment in Waller v. Jordan, supra, this Court is satisfied that under the law in Arizona the real party in interest is not entitled ... to bail pending appeal from denial of the writ of habeas corpus in an extradition proceeding.

Section 12-2101(L) permits an appeal in a habeas corpus proceeding only from an order or judgment that is written, signed by the judge, and filed.

Boies v. Anderson · filed 1967-12-21(L)

Therefore, the “judgment” or “order” (A.R.S. § 12-2101, subsec. L) in a habeas corpus proceeding, in order to be appealable, must comply with the formal requirements of any other civil judgment, that is, it must be in writing, signed by the judge and filed before it is effective.

Section 12-2101(A)(1) gives a substantive right to appeal a superior court final judgment, but court rules may regulate how an appeal is taken, including waiver of that right.

Duff v. Lee · filed 2019-03-29(A)(1)

Although it is a substantive right that "cannot be enlarged or diminished by judicial rule," our supreme court has the authority to regulate the manner in which an appeal may be taken, including rules that provide for waiver of that right.

Section 12-2101(A)(1) permits an appeal from a superior court’s final judgment in a special action, including one arising from a criminal proceeding.

State of Arizona v. Chopra · filed 2016-12-20(A)(1)

We conclude that § 12-2101(A)(1) grants us appellate jurisdiction over the superior court’s final judgment in a special action.

Section 12-2101 permits the State to appeal a condemnation judgment as an aggrieved party even after it pays the award and takes possession under the condemnation statutes.

State ex rel. Morrison v. Jay Six Cattle Co. · filed 1959-02-25

In any event, we find nothing in the Arizona condemnation statute quoted, and nothing which inherently flows from the conduct of the State herein, which was in every particular in accordance with the provisions of the statute, that impairs the State’s right of appeal as an aggrieved party under A.R.S. § 12-2101 and Rule 73(a) of our Rules of Civil Procedure.

Section 12-2101 permits an appeal only from an adverse judgment or order it recognizes, so a party cannot cross-appeal solely to obtain answers to legal questions without seeking reversal.

State v. Wilson · filed 1968-03-13

They seek, in part, by their cross-appeal to have answered certain legal questions which were decided in the court below adversely to them. They do not seek a reversal of the judgment. This Court does not sit to determine questions in the abstract. Appeal may be taken only from those adverse judgments and orders recognized by statute, A.R.S. § 12-2101.

Section 12-2101 grants the court of appeals jurisdiction over appeals from the superior court without making that jurisdiction exclusive of the supreme court.

Arizona Podiatry Ass'n v. Director of Insurance · filed 1966-12-22(A)

This provision has been implemented by A.R.S. § 12-120.21 and A.R.S. § 12-2101, quoted in part, supra. ... It must be presumed that the legislature knew of these constitutional provisions vesting this jurisdiction and power in the supreme court, and therefore it was its intention that the jurisdiction of the court of appeals would be concurrent with that of the supreme court.

Section 12-2101(B) covers a case transferred from justice court to superior court, but does not authorize a further appeal from the superior court after it hears an appeal from a justice court forcible detainer action.

Morgan v. Continental Mortgage Investors · filed 1971-12-07(B)

By such forwarding of papers the case would be “brought into a superior court” within § 12-2101, subsec. B. ... We hold that where a forcible detainer action was originally filed in the justice court and then appealed to the Superior Court the appellate relief has been exhausted and there is no Court of Appeals jurisdiction to entertain a further appeal.

Section 12-2101(B) does not permit an appeal based on a case having reached superior court by appeal from a justice court; its reference to cases brought into superior court from another court covers transfer or another process besides appeal.

State v. Fagerberg · filed 1972-04-12B

While at first glance arguably it might appear that jurisdiction could be bottomed on the provisions of A.R.S. § 12-2101, subsec. B, quoted in Footnote 1, supra, we have recently discussed that statute and have held that the language contained therein “brought into a superior court from any other court” does not refer to cases appealed from the Justice Court, but rather refers to cases transferred or brought into the Superior Court by some process other than by appeal.

Section 12-2101(B) does not authorize an appeal from a superior court judgment in a case that reached superior court by appeal from justice court; the provision covers cases transferred or otherwise brought into superior court.

Sanders v. Moore · filed 1977-12-29(B)

Since this action was not “commenced in a superior court”, this Court’s appellate jurisdiction, if any, must be grounded upon the language “or brought into a superior court from any other court.” However, we have previously held that this language does not refer to cases appealed from the justice court, but rather refers to cases transferred or brought into superior court by some process other than appeal.

Section 12-2101(A) and (B) permits an appeal from a final superior court judgment in an action commenced there even when the action was referred to compulsory arbitration.

Burnett v. Walter · filed 1982-12-14(A) and (B)

Since the action here commenced in the superior court appellants had the right to appeal provided by A.R.S. § 12-2101(A) and (B).

Section 12-2101(B) governs appeals from final tax court judgments; § 12-170(C) confirms that its appeal procedures apply to those judgments.

Devenir Associates v. City of Phoenix · filed 1991-11-19(B)

We do not find § 12-170 to be inconsistent with § 12-2101 and find the court of appeals’ interpretation of the two statutes in People of Faith persuasive. The court stated that § 12-170(C) does not authorize a right of appeal that did not exist before but confirms that the procedures for appealing final judgments under A.R.S. § 12-2101(B) also apply to judgments entered by the tax court.

Section 12-2101(A)(1) ordinarily does not authorize an appeal to the court of appeals from a matter the superior court heard on appeal.

Anderson v. VALLEY UNION HIGH SCHOOL · filed 2012-02-16(A)(1)

Anderson’s appeal to the superior court was neither “commenced” in that court nor “brought into [the] superior court from ... [an]other court” under the terms of § 12-2101(A)(1). Indeed, appeals to the superior court ordinarily are not appealable to this court under that provision.

Section 12-2101(A)(1) permits appeals from actions commenced in superior court or brought there from another court by a process other than appeal; it does not authorize an appeal from superior court review of a municipal merit decision.

STANT v. CITY OF MARICOPA EMPLOYEE MERIT BOARD · filed 2014-02-25(A)(1)

The specific language in § 12-2101(A)(1) authorizing appeals from actions “commenced in a superior court, or brought into a superior court from any other court” refers to cases brought in the superior court by a process other than appeal.

Section 12-2101 is jurisdictional and does not provide a substantive basis for an award of attorneys’ fees.

TM2008 Investments, Inc. v. Procon Capital Corp. · filed 2014-03-27

Section 12-2101 is a jurisdictional statute, and neither that statute nor Rule 21, ARCAP, provides a substantive basis for an award of attorneys’ fees.

Section 12-2101 does not give the court of appeals jurisdiction to adjudicate a claim that a party disobeyed a superior court decree.

Bejarano v. Ortiz-Garcia · filed 2020-10-20

Lastly, we do not have jurisdiction to adjudicate Husband’s claim about Wife disobeying the superior court’s decree.

Section 12-2101(A) limits appellate review to trial-court rulings and orders that necessarily affect the validity of the judgment being appealed.

In Re the Marriage of Crawford · filed 1994-06-03(A)

Moreover, our review is limited to those rulings and orders of the trial court which necessarily affect the validity of the judgment being challenged on appeal. A.R.S. § 12-2101(A); Truck Insurance Exchange v. State Compensation Fund, 138 Ariz. 116, 673 P.2d 314 (App.1983).

Section 12-2101(A) does not permit appellate review of an issue on which the superior court has not ruled.

Gibson v. Theut · filed 2019-03-12(A)

Because the superior court did not rule on the notice of claim issue, it is not properly before us.