A.R.S. tit. 12 ch. 12 — Arizona Revised Statutes Title 12 Chapter 12 — Appeals

12-2101. Judgments and orders that may be appealed A. An appeal may be taken to the court of appeals from the superior court in the following instances: 1. From a final judgment entered in an action or special proceeding commenced in a superior court, or brought into a superior court from any other court, except in actions of forcible entry and detainer when the annual rental value of the property is less than $300. 2. From any special order made after final judgment. 3. From any order affecting a substantial right made in any action when the order in effect determines the action and prevents judgment from which an appeal might be taken. 4. From a final order affecting a substantial right made in a special proceeding or on a summary application in an action after judgment. 5. From an order: (a) Granting or refusing a new trial or granting a motion in arrest of judgment. (b) Granting or dissolving an injunction or refusing to grant or dissolve an injunction or appointing a receiver. (c) Dissolving or refusing to dissolve an attachment or garnishment. (d) Granting or denying a petition to restore a person's right to possess a firearm pursuant to section 13-925. (e) Granting or denying a motion to dismiss or quash pursuant to section 12-751, unless the court did not find that the moving party established prima facie proof as prescribed in section 12-751, subsection B. The court of appeals shall expedite any appeal filed pursuant to this subdivision unless the court for good cause finds that expedited review is not feasible under the circumstances or a court rule specifically provides otherwise. 6. From an interlocutory judgment that determines the rights of the parties and directs an accounting or other proceeding to determine the amount of the recovery. 7. From an interlocutory judgment in any action for partition that determines the rights and interests of the respective parties and directs partition to be made. 8. From any interlocutory judgment, decree or order made or entered in actions to redeem real or personal property from a mortgage thereof or lien thereon, determining such right to redeem and directing an accounting. 9. From a judgment, decree or order entered in any formal proceedings under title 14. 10. From an order or judgment: (a) Adjudging a person insane or incompetent or committing a person to the state hospital. (b) Revoking or refusing to revoke an order or judgment adjudging a person insane or incompetent or restoring or refusing to restore to competency any person who has been declared insane or incompetent. 11. From an order or judgment made and entered on habeas corpus proceedings: (a) The petitioner may appeal from an order or judgment refusing the petitioner's discharge. (b) The officer having the custody of the petitioner, or the county attorney on behalf of the state, from an order or judgment discharging the petitioner whereupon the court may admit the petitioner to bail pending the appeal. B. If any order or judgment referred to in this section is made or rendered by a judge it is appealable as if made by the court. 12-2101.01. Appeals from arbitration awards A. An appeal may be taken from any of the following: 1. An order denying an application to compel arbitration made under section 12-1502 or 12-3007. 2. An order granting an application to stay arbitration made under section 12-1502 or 12-3007. 3. An order denying confirmation of an award. 4. An order modifying or correcting an award. 5. An order vacating an award without directing a rehearing. 6. A judgment or decree entered pursuant to chapter 9 or 21 of this title. B. The appeal shall be taken in the manner and to the same extent as from orders or judgments in a civil action. 12-2102. Scope of review by supreme court upon appeal from final judgment A. Upon an appeal from a final judgment, the supreme court shall review any intermediate orders involving the merits of the action and necessarily affecting the judgment, and all orders and rulings assigned as error, whether a motion for a new trial was made or not. B. If a motion for new trial was denied, the court may, on appeal from the final judgment, review the order denying the motion although no appeal is taken from the order. C. On an appeal from a final judgment the supreme court shall not consider the sufficiency of the evidence to sustain the verdict or judgment in an action tried before a jury unless a motion for a new trial was made. 12-2103. Powers of supreme court on appeal; affirmance; reversal; modification; restitution; rehearing when three judges do not concur A. The supreme court may affirm, reverse or modify a judgment or order appealed from, and may render such judgment or order as the court below should have rendered, or may remand the action to the court below with directions to render such judgment or order, or may direct that a new trial or other proceedings be had, as justice may require, accompanying the mandate with a copy of its opinion. B. When the judgment or order is reversed or modified the court may make complete restitution of all property and rights lost by the erroneous judgment or order. C. If three judges do not concur the action shall be reheard. 12-2104. Remittitur or additur by supreme court A. The supreme court may order that if the party who has recovered damages shall, within such time as the court may fix, file a remittitur from the judgment of the amount which the court deems excessive, the judgment as to the remainder of the damages shall be affirmed, otherwise reversed and a new trial ordered. B. If the supreme court deems the judgment inadequate and insufficient it may order that if both parties consent to the entry of judgment for such amount as the court deems adequate, the court from which the appeal was taken shall render judgment for such amount, and that in case of failure to so consent, the judgment shall be reversed. 12-2105. Extent of judgment against surety on bond for costs on appeal or supersedeas bond; direction when money deposited in lieu of bond A. When the supreme court affirms the judgment or order appealed from, it shall give judgment against appellant and the surety upon the bond for costs on appeal for costs of the supreme court and the court below. B. When a supersedeas bond has been given, and the appeal is from a judgment for the recovery of money, the supreme court shall give judgment against appellant and the surety upon such bond for the amount of the judgment with interest from the date of its rendition. C. If money has been deposited in lieu of bond, the supreme court shall direct that the costs and the amount of the judgment be paid from the money deposited. 12-2106. Penalty for taking frivolous appeal or appeal for delay When the supreme court is of the opinion that an appeal has been taken for delay, and that there was not sufficient grounds for taking an appeal, it may include in its judgment an additional amount, not exceeding ten per cent of the judgment appealed from, if the judgment is for the recovery of money, and not exceeding five hundred dollars in other cases, as damages for a frivolous appeal. 12-2107. Filing fees on appeal; exception A. The appellant in a civil action appealed to the court of appeals or the supreme court, as the case may be, shall upon filing the notice of the appeal pay to the clerk of the superior court in the county from which the action is appealed a filing fee established pursuant to section 12-284. This fee is exclusive of the per page copy fee prescribed by section 12-284. If an appellee files a cross appeal in the same case a filing fee established pursuant to section 12-284 shall be paid to the clerk of the superior court. B. A filing fee shall not be charged to an appellant for filing an appeal, or to an appellee filing a cross appeal in the same case, to the court of appeals or to the supreme court from an order: 1. Granting or denying a petition for an order of protection under section 13-3602. 2. Granting or denying an injunction against harassment under section 12-1809. 3. Quashing an order of protection or injunction against harassment. 12-2108. Preservation of right to appeal judgment without execution A. If a plaintiff in any civil action obtains a judgment under any legal theory, the amount of the bond that is necessary to stay execution during the course of all appeals or discretionary reviews of that judgment by any appellate court shall be set as the lesser of the following: 1. The total amount of damages awarded excluding punitive damages. 2. Fifty per cent of the appellant's net worth. 3. Twenty-five million dollars. B. Notwithstanding subsection A, if an appellee proves by clear and convincing evidence that an appellant is intentionally dissipating assets outside the ordinary course of business to avoid payment of a judgment, the court may require the appellant to post a bond in an amount up to the full amount of the judgment. C. Notwithstanding subsection A, if an appellant proves by clear and convincing evidence that the appellant is likely to suffer substantial economic harm if required to post bond in an amount required under subsection A, the trial court may lower the bond amount to an amount that will not cause the appellant substantial economic harm.