DNB Const., Inc. v. Superior Court, 14622

• Decision Date: 14 February 1980
• Docket Number: No. 14622,14622
• Citation: 607 P.2d 380,125 Ariz. 61
• Court: Arizona Supreme Court
• Parties: DNB CONSTRUCTION, INC., an Arizona corporation, and Fidelity and Deposit Company of Maryland, a Maryland Corporation, Petitioners, v. SUPERIOR COURT of the State of Arizona, and the Honorable Charles L. Hardy, Judge thereof, and J & W Rents, Inc., an Arizona Corporation, Real Party in Interest.

Page 380

607 P.2d 380

125 Ariz. 61

DNB CONSTRUCTION, INC., an Arizona corporation, and Fidelity and Deposit Company of Maryland, a Maryland Corporation, Petitioners, v. SUPERIOR COURT of the State of Arizona, and the Honorable Charles L. Hardy, Judge thereof, and J & W Rents, Inc., an Arizona Corporation, Real Party in Interest.

No. 14622.

Supreme Court of Arizona, In Banc.

Feb. 14, 1980.

Mahoney & Rood by John W. Rood, Phoenix, for petitioner.

Don Francone, Phoenix, for J & W Rents, Inc.

CAMERON, Justice.

This is a petition for special action resulting from the denial by the Superior Court of Maricopa County of a motion to dismiss an appeal from the Justice Court of Maricopa County.

We accepted the petition for special action because it involved a matter of state-wide concern and there was no plain, adequate and speedy remedy by appeal.

We must answer one question: When does the time begin to run on a judgment in Justice Court for purposes of appeal?

The facts are not in dispute. The plaintiff J & W Rents sued the defendant DNB Construction Company in the Northwest Phoenix Justice Court. Trial was held on 18 January 1979 before a Justice of the Peace who deferred decision until 22 January 1979, when he rendered judgment in favor of J & W Rents in the amount of $436.33. This sum represented one-half of the amount requested in the prayer. In addition, J & W Rents recovered costs in the amount of $29.25. The Judgment Docket was signed by the Justice of the Peace on that day and notices were sent to the parties. The parties received the notices five or six days thereafter. J & W Rents prepared a formal written judgment which it forwarded to the court on 31 January 1979. This judgment was signed by the Justice of the Peace on 1 February 1979, ten days after he had signed the judgment docket on 22 January 1979. On 9 February 1979, 19 days after the judgment docket had been signed, but less than ten days after the signing of the formal written judgment, J & W Rents perfected their appeal. DNB timely filed a motion to dismiss in the Superior Court on the grounds that the appeal by J & W Rents was not timely. This motion was denied and the Superior Court, after trial de novo, granted judgment in favor of J & W Rents for $872.66, plus attorney's fees. DNB petitioned this court for special action and we accepted jurisdiction.

WHEN DOES THE TIME BEGIN TO RUN?

The applicable statutes are as follows:

" § 22-241. Announcement and docketing of verdict or decision

"When a verdict is returned by a jury the justice of the peace shall announce the verdict in open court, note it in his docket and give judgment on the verdict. When the action has been tried without a jury, the justice shall announce his decision in open court, note it in his docket and give judgment on the decision.

" § 22-242. Recording judgment

"The judgment shall be recorded at length in the docket and signed by the justice of the peace. The judgment shall clearly state the determination of the rights of the parties, who shall pay the costs, and shall direct issuance of such process as necessary to carry the judgment into execution.

" § 22-262. Notice of appeal; bond

"A. The party appealing shall give notice of appeal in open court at the time judgment is given or shall file a written notice of appeal with the justice of the peace and serve a copy thereof upon the adverse party within ten days after judgment is given . . . ."

In the Superior Court a judgment is not generally final until a formal written judgment is signed by the Judge or Court Commissioner and filed with the Clerk of the Superior Court. Rule 58(a), Rules of Civil Procedure, 16 A.R.S., Howard P. Foley Company v. Harris, 4 Ariz.App. 294, 419 P.2d 735 (1966). The time within which to perfect an appeal begins to run at that time and not before. Had this been a Superior Court case the time for appeal would have commenced to run at the time the judgment prepared by J & W Rents was signed and filed.

The procedures for obtaining a judgment in Justice Court and for perfecting an appeal from a Justice Court are significantly different from the Superior Court procedures. The statutes contemplate that the jury verdict will be returned in...