Upton v. Cochise County Board of Adjustment, District 1
This text of 589 P.2d 481 (Upton v. Cochise County Board of Adjustment, District 1) 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.
Opinion
OPINION
Appellant commenced an appeal in superior court from a decision of the Cochise County Board of Adjustment pursuant to A.R.S. § 11-807, which requires that such an appeal be filed “within thirty days.” Because the 30th day fell on Saturday, appellant filed on the following Monday. The court dismissed the appeal as untimely.
Time for commencing an action in superi- or court is computed under 16 A.R.S. Rules of Civil Procedure, rule 6(a), which provides that the last day of a period shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday. Salzman v. Morentin, 116 Ariz. 79, 567 P.2d 1208 (App.1977). Inasmuch as the last day for appellant to file his appeal was a Saturday, his filing the following Monday was not untimely.
Reversed and remanded.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
589 P.2d 481, 121 Ariz. 238, 1979 Ariz. App. LEXIS 375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/upton-v-cochise-county-board-of-adjustment-district-1-arizctapp-1979.