Appellate Jurisdiction

Rule 54(c) as amended marks the end for a mistaken construction of the original rule’s certification of finality requirement—a construction that began to take root soon after the rule took effect three years ago. Given the importance of this clarification to an area of the law that presents more than its fair share of traps for the unwary, we ring in 2017 by addressing the amended rule here.    

In this month's edition of Attorney at Law Magazine, attorney Robert Mandel discusses the key factors to consider in deciding whether to file a petition for review to the Arizona Supreme Court.  On Appellate Practice:  Deciding Whether to Bring a Petition for Review.

In this month's edition of Attorney at Law Magazine, Robert Mandel addresses unconstitutionally excessive punitive damages awards.  When is a Punitive Damages Award Too Big?

Partner Taylor C. Young is at it again.  In this month's edition of Attorney at Law Magazine, he addresses five important questions relating to family law appeals.  Five Questions to Ask Before Pursuing an Appeal in a Family Law Case.

Rob Mandel's article in this month's edition of Attorney at Law Magazine addresses a common misconception regarding Rule 12(b) of the Arizona Rules of Civil Procedure.  Legal Misconceptions:  An Appellate Lawyer's Perspective on Conversion Under Rule 12 (b).

Division One’s recent decision in Geller v. Lesk, --- P.3d --- 2012, 2012 WL 4364241 (App. Sept. 25, 2012), will be of interest not only to litigators but also to corporate counsel. It imposes limits on the enforcement of broadly drafted contractual fee-shifting provisions — and, for the first time in the context of provisions that contain no express reasonableness limitation, shifts the burden to the applicant to prove the  “reasonableness” of the fees.

Securing appellate jurisdiction has been one of the trickier issues for Arizona practitioners over the years. It
shouldn’t be. But it is...

Our friends at AZAPP have a good post about Fields v. Oates -- the latest in a long line of opinions out of our appellate courts to address appellate jurisdiction and the final judgment rule. Surprisingly, securing appellate jurisdiction has become one of the trickier issues for Arizona practitioners. 

More to come from us on this issue shortly.