Appellate Jurisdiction

Get Ya Final Judgment! Arizona Supreme Court Clarifies Rule 54(c)'s Certification of Finality Requirement by Amendment

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.    

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Division One Expands Class of Cases Where Applicant Bears Burden of Proving Reasonableness.

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.

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Jurisdictional Woes

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.

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