Castillo v. Industrial Commission

520 P.2d 1142, 21 Ariz. App. 465, 1974 Ariz. App. LEXIS 352
CourtCourt of Appeals of Arizona
DecidedApril 16, 1974
Docket1 CA-IC 1083
StatusPublished
Cited by77 cases

This text of 520 P.2d 1142 (Castillo v. Industrial Commission) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Castillo v. Industrial Commission, 520 P.2d 1142, 21 Ariz. App. 465, 1974 Ariz. App. LEXIS 352 (Ark. Ct. App. 1974).

Opinions

OPINION

HAIRE, Presiding Judge.

On December 14, 1972, petitioner Rudol-fo H. Castillo filed in this Court a petition for writ of certiorari seeking review of an award entered by the respondent Industrial Commission fixing his average monthly wage at the sum of $196.18. This Court’s writ of certiorari was issued on that same date. Thereafter, pursuant to written stipulation signed by the parties, on October 19, 1973 this Court remanded the matter to the respondent Industrial Commission for further administrative proceedings. (See this Court’s file, 1 CA-IC 921).

During the interim period between the date of the filing of the petition for writ of certiorari, December 14, 1972, and October 19, 1973, the date of this Court’s remand order, the parties proceeded with the processing of other aspects of the petitioner’s claim before the Industrial Commission in accordance with the workmen’s compensation laws of the state of Arizona. Among other things, the Commission’s file shows that during this interim period on March 12, 1973, the respondent carrier issued its notice of claim status terminating petitioner’s temporary compensation and medical benefits as of February 22, 1973; that on March 14, 1973 the petitioner filed a request for a hearing before the Commission concerning the above-mentioned notice of claim status, contending that he was not able to return to work, that he needed further medical benefits, and that he had suffered a permanent disability; that thereafter, the Commission’s hearing officer conducted hearings on these issues on June 29, 1973 and September 18, 1973; and that on September 19, 1973 the hearing officer issued his decision which in essence found against the petitioner’s claim and terminated his compensation and medical benefits as of February 22, 1973, with no permanent disability. This award was affirmed by the Commission’s decision of October 24, 1973. On November 21, 1973 the petitioner again petitioned this Court for the issuance of its writ of certiorari, this time for the purpose of reviewing the Commission’s decision of October 24, 1973.

The foregoing history of the Commission’s proceedings subsequent to December 14, 1972 has been set forth in detail, inasmuch as the jurisdictional validity of these interim proceedings has been questioned by a motion pending before this Court. As previously mentioned, petitioner’s new petition for writ of certiorari was filed November 21, 1973, and questioned the lawfulness of the Commission’s award of October 24, 1973 concerning the termination of petitioner’s compensation and medical benefits. The petitioner has now filed in [467]*467this Court his motion requesting that the review proceedings resulting from the filing of his November 21, 1973 petition be dismissed and the matter be remanded to the Industrial Commission for the holding of further proceedings, based upon his fear that the Commission lacked jurisdiction to conduct the interim proceedings. Petitioner’s motion reads in part as follows:

“The Petitioner makes this Motion to Remand reluctantly, but apparently would have no discretion in the matter based upon the Decisions of this Court of Greer vs. Ind. Comm., [20] Ariz.App. [559], 514 P2d 512 (1973) and Terrell vs. Ind. Comm., [21] Ariz.App. [139], [517] P2d [97) (filed December 27, 1973).
“In December, 1972, your Petitioner filed his Petition for Writ of Certiorari concerning the question of the proper determination of his average monthly wage. The Court granted the Petition for Writ of Certiorari and the question of the average monthly wage was pending before this Court until the parties to said action filed a Motion to Remand said cause to the Industrial Commission of Arizona for further administrative processing. The Order granting remand was signed on the 19th day of October, 1973.
“In the meantime, the parties had litigated before the Industrial Commission of Arizona at formal hearings on June 29, 1973, and September 18, 1973, the question of permanent disability, if any, of the Petitioner in this same industrial accident claim; and, subsequently, said question of entitlement to additional disability benefits was brought before this Court on November 26, 1973.
“It would appear, that in accordance with the Decisions of Greer vs. Ind. Comm., (supra) and Terrell vs. Ind. Comm., (supra), that the Industrial Commission of Arizona did not have jurisdiction to hold the two aforementioned hearings in June and September of 1973 and issue the subsequent Awards which have now been brought before this Court in this matter.
“In accordance with the stated case law, this Petitioner reluctantly moves for remand of his cause to the Industrial Commission of Arizona for the holding of further hearings.”

Because of this Court’s serious concern with the jurisdictional issues raised in petitioner’s motion, we entered our order taking the motion under advisement and granting all parties additional time within which to file simultaneous memoranda concerning the jurisdictional principles set forth in the Greer and Terrell decisions cited in petitioner’s motion. Further mem-oranda were filed by the parties, and, in addition, excellent and very helpful memo-randa were filed by amicus curiae. For the reasons hereinafter set forth, we have concluded that the Commission retained jurisdiction to render the award in question, and that therefore petitioner’s motion to remand should be denied.

The principle is well established that an appeal generally divests the trial court of jurisdiction to proceed except in furtherance of the appeal. Whitfield Transportation v. Brooks, 81 Ariz. 136, 302 P.2d 526 (1956); Gotthelf v. Fickett, 37 Ariz. 413, 294 P. 837 (1931); Sam v. State, 33 Ariz. 383, 265 P. 609 (1928); Navajo Realty Co. v. County National Bank & Trust Co., 31 Ariz. 128, 250 P. 885 (1926). However, this general principle is subject to many equally well established exceptions. Thus, it has been held that in the absence of supersedeas, the trial court in a civil proceeding retains jurisdiction pending the appeal to take such action as might be necessary to enforce its previously entered judgment. Carp v. Superior Court, 84 Ariz. 161, 325 P.2d 413 (1958). Further, an

“ . . . appeal from an appealable intermediate or interlocutory order does not divest the trial court of jurisdiction to proceed in matters.not involved in the appeal.” 4 Am.Jur.2d, Appeal and Error, § 357, p. 835 (1962).

[468]*468This same principle is stated in Corpus Juris Secundum as follows:

“An appellate proceeding for the review of incidental- or interlocutory matters divests the trial court of jurisdiction only with respect to matters directly involved in, or the subject of, the appellate proceeding.” 4A C.J.S. Appeal and Error § 609, p. 399 (1957).

Decisions from other jurisdictions reveal that this intermediate appealable orders exception has been applied to support continuing trial court jurisdiction in situations involving appeals from many different intermediate orders, including, but not limited to, appeals from orders granting temporary injunctions; see Magnolia Petroleum Co. v. Blankenship, 70 S.W.2d 258 (Tex.Civ.App.1934); Lynch v. Clinch Motor Co., 131 Va. 202, 108 S.E.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Fullen
Court of Appeals of Arizona, 2024
State v. Ramirez
Court of Appeals of Arizona, 2023
State v. Pliego
Court of Appeals of Arizona, 2023
Gish v. Greyson
514 P.3d 937 (Court of Appeals of Arizona, 2022)
Brionna J. v. Dcs, A.V.
Court of Appeals of Arizona, 2019
State v. Carter
429 P.3d 1176 (Court of Appeals of Arizona, 2018)
Marriage of Henderson v. Henderson
390 P.3d 1226 (Court of Appeals of Arizona, 2017)
Eastwood v. Atlas
Court of Appeals of Arizona, 2014
State of Arizona v. David James Yonkman
312 P.3d 1135 (Court of Appeals of Arizona, 2013)
Kimberly D.-D. v. Arizona Department of Economic Security
320 P.3d 823 (Court of Appeals of Arizona, 2013)
In re the Marriage of Johnson
293 P.3d 504 (Court of Appeals of Arizona, 2012)
Johnson v. Gravino
Court of Appeals of Arizona, 2012
Southwest Gas Corporation Taylor v. Grubb
Court of Appeals of Arizona, 2012
Rasmussen v. Munger
260 P.3d 296 (Court of Appeals of Arizona, 2011)
Alex Paul Rasmussen v. State of Arizona
Court of Appeals of Arizona, 2011
Walsh v. Advanced Cardiac Specialists Chartered
258 P.3d 172 (Court of Appeals of Arizona, 2011)
State v. Patterson
218 P.3d 1031 (Court of Appeals of Arizona, 2009)
State v. Fornof
179 P.3d 954 (Court of Appeals of Arizona, 2008)
State of Arizona v. Billie Marie Fornof
Court of Appeals of Arizona, 2008
State v. Aguilar
178 P.3d 497 (Court of Appeals of Arizona, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
520 P.2d 1142, 21 Ariz. App. 465, 1974 Ariz. App. LEXIS 352, Counsel Stack Legal Research, https://law.counselstack.com/opinion/castillo-v-industrial-commission-arizctapp-1974.