Devenir Associates v. City of Phoenix

821 P.2d 161, 169 Ariz. 500, 100 Ariz. Adv. Rep. 3, 1991 Ariz. LEXIS 89
CourtArizona Supreme Court
DecidedNovember 19, 1991
DocketCV-91-0193-PR
StatusPublished
Cited by82 cases

This text of 821 P.2d 161 (Devenir Associates v. City of Phoenix) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Devenir Associates v. City of Phoenix, 821 P.2d 161, 169 Ariz. 500, 100 Ariz. Adv. Rep. 3, 1991 Ariz. LEXIS 89 (Ark. 1991).

Opinion

*502 OPINION

GORDON, Chief Justice.

Devenir Associates (Devenir) seeks review of the court of appeals’ order granting City of Phoenix’s (City) motion to dismiss. The issue is whether the court of appeals erred in determining that the tax court’s opinion of June 22, 1990, constituted an appealable final judgment. We have jurisdiction pursuant to Ariz. Const, art. 6, § 5(3), and A.R.S. § 12-120.24.

FACTUAL AND PROCEDURAL HISTORY

On June 22, 1990, Arizona Tax Court Judge Moroney filed a written, signed “opinion” with the clerk of the court. The opinion outlined the parties’ legal arguments and facts, as well as the court’s findings of fact and conclusions of law. On September 5, 1990, the tax court entered a “judgment” denying Devenir’s motion for summary judgment and granting the City’s cross-motion for summary judgment. The court based its judgment on the analysis set out in its earlier opinion.

Devenir filed a notice of appeal on September 24, 1990, within thirty days of the “judgment” date. Subsequently, the court of appeals, in an unpublished order, sua spónte dismissed Devenir’s appeal as untimely. It held that the opinion that was signed and filed on June 22, 1990 constituted a judgment for purposes of appeal because the opinion “decided the entire case and was written, signed by the judge, and filed with the clerk of the court.” Therefore, the notice of appeal filed on September 24, 1990 was untimely because it fell outside that thirty day period allowed for such appeals. The court of appeals cited rule 58(a), Ariz.R.Civ.P., 16 A.R.S., as well as Focal Point, Inc. v. Court of Appeals, 149 Ariz. 128, 717 P.2d 432 (1986), to support its conclusion. It concluded that the provisions of A.R.S. § 12-170 do not allow for a different result.

In order to clarify some of the apparent confusion over the statutory interpretation of A.R.S. § 12-170 as to what constitutes an appealable judgment, and how this tax court rule operates in conjunction with the general rules governing appeals, we granted review.

DISCUSSION

The right of appeal, absent pertinent provisions in the state constitution, exists only when a statute specifically grants it. Musa v. Adrian, 130 Ariz. 311, 312, 636 P.2d 89, 90 (1981); People of Faith v. Arizona Dep’t of Revenue, 164 Ariz. 102, 104, 791 P.2d 369, 371 (App.1990). A.R.S. § 12-2101 empowers the court of appeals to receive appeals. Subsection A states:

A. An appeal may be taken to the court of appeals from the superior court in the instances specified in this section.

The subsection that authorized the appeal in this case is subsection B. It provides that an appeal may be taken

[fjrom 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____

We require an appeal be taken from a final judgment to “avoid the constant disruption of the trial process, to prevent appellate courts from considering issues that may be addressed later in trial, and to promote efficiency____” Barassi v. Matison, 130 Ariz. 418, 421, 636 P.2d 1200, 1203 (1981).

Rule 58(a), Ariz.R.Civ.P., 16 A.R.S., outlines the requirements for entry of a judgment:

All judgments shall be in writing and signed by a judge or a court commissioner duly authorized to do so. The filing with the clerk of the judgment constitutes entry of such judgment, and judgment is not effective before such entry, except that in such circumstances and on such notice as justice may require, the court may direct the entry of a judgment nunc pro tunc, and the reasons for such direction shall be entered of record____

The specific provisions for tax court decisions, judgment and appeals are set out in A.R.S. § 12-170, which provides:

*503 A. The tax court, except when it is sitting as a small claims tax court, shall render its decision in writing and, on its own motion or at the request of a party, include a concise statement of the facts found and the conclusions of law reached by the court.
B. In its judgment the court shall grant the relief, invoke the remedies and issue any orders which are appropriate to its decision.
C. The judgment is final unless within thirty days after the entry of the judgment a notice of appeal is filed with the clerk of the tax court. The appeal shall be heard by a department of division 1 of the court of appeals designated by the chief judge of the division pursuant to § 12-120.04.

(Emphasis added.)

The primary principle of statutory construction is to give effect to legislative intent. Wyatt v. Wehmueller, 167 Ariz. 281, 284, 806 P.2d 870, 873 (1991). We also subject court rules to the same statutory principle. State v. Stewart, 168 Ariz. 167, 168, 812 P.2d 985, 986 (1991). If a statute’s words do not disclose legislative intent, the court must read the statute as a whole and give meaningful application to all its provisions. Wyatt, 167 Ariz. at 284, 806 P.2d at 873. The same consideration must be given to court rules. The court may look at the rule or statute’s context, language, effects and consequences, spirit and purpose. Id.; Martin v. Martin, 156 Ariz. 452, 457, 752 P.2d 1038, 1043 (1988).

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.

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Bluebook (online)
821 P.2d 161, 169 Ariz. 500, 100 Ariz. Adv. Rep. 3, 1991 Ariz. LEXIS 89, Counsel Stack Legal Research, https://law.counselstack.com/opinion/devenir-associates-v-city-of-phoenix-ariz-1991.