Ariz. Rev. Stat. » Title 12

Ariz. Rev. Stat. § 12-1182

Appeal to supreme court; stay and bond

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A. In a forcible entry or forcible detainer action originally commenced in the superior court, an appeal may be taken to the supreme court as in other civil actions.

B. The appeal, if taken by the party in possession of the premises, shall not stay execution of the judgment unless the superior court so orders, and appellant shall file a bond in an amount fixed and approved by the court, conditioned that appellant will prosecute the appeal to effect and will pay the rental value of the premises pending the appeal and all damages, costs, and rent adjudged against him by the superior court or the supreme court.

Notes of Decisions
Cited in 19 cases (5 in the last 5 years), 1966–2024 · leading case: Grady v. Barth
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Grady v. Barth (2013) arizctapp · cites it 50× “§ 12-1182(B) was first enacted in 1913, and even today, the Legislature provided that parties appealing an FED judgment from justice court to the superior court could obtain a stay simply by posting a bond meeting statutory requirements.”
Bank of Ny v. Dodev (2018) arizctapp · cites it 9× “”) section 12-1178 allows for the awarding of attorney’s fees in a forcible detainer action in a trial court, but A.R.S. § 12-1182 does not provide for attorney’s fees on appeal.”
Williams v. Miles (2006) arizctapp · cites it 17× “We referred this motion to the superior court with orders to comply with our previous order by entering a stay if it had not yet done so.”
Tovar v. SUPERIOR COURT OF ARIZONA, ETC. (1982) ariz · cites it 16× “That motion was made under the authority of A.R.S. § 12-1182, which in pertinent part reads as follows: A.”
Tri City National Bank v. Barth (2015) arizctapp · cites it 10× “DISCUSSION ¶ 11 Both the Gradys and TCNB exclusively argue whether the stay granted by the superior court was discretionary under ARPEA 17(c), A.R.S. §§ 12-1182 and 33-361 1 and our decision in Grady.”
Blair v. Stump (1980) arizctapp · cites it 4× “” A.R.S. § 12-1182(B). Appeals from civil judgments in justice courts, other than forcible entry and detain-er judgments, require merely the filing of “a bond, which shall be approved by the justice, in an amount equal to the judgment and accrued costs.”
Jenkins v. First Baptist Church (1990) arizctapp · cites it 2× “§ 12-1179, is worded similarly to A.R.S. §§ 12-1182 and 33-361.-C, the statutes requiring a bond on appeal to the appellate court.”
Morgan v. Continental Mortgage Investors (1971) arizctapp “Appellate jurisdiction in all actions and proceedings originating in or permitted by law to be appealed from the superior court, * * The section last above-referred to along with § 12-1182, subsec. A reading as follows: “A.”
US Bank v. Kurtz (2022) arizctapp · cites it 5× “See A.R.S. §§ 12-1182; 12-1179(D). Recognizing a purpose of a supersedeas bond is to secure the payment of a judgment following its affirmance on appeal, the prevailing party presumptively is entitled to the bond proceeds after the conclusion of the appeal.”
Goldie's Bookstore, Inc. v. Superior Court of California (1984) caed “However, the case was settled before Judge Karlton had an opportunity to rule on the merits of the plaintiff's constitutional claim. . In contrast to California, the rule prevailing in other major states is that unlawful detainer appellants, like other civil appellants, are…”
Tucson Lot 4, LLC v. Sunquest Information Systems, Inc. (2016) arizctapp · cites it 2× “Furthermore, A.R.S. § 12-1182(A) provides that an appeal may be taken from a forcible detainer action.”
Colosi v. Nacim (2019) arizctapp · cites it 2× “¶6 The court ruled the handwritten note did not constitute a purchase contract, found the parties had an unwritten lease and awarded Colosi possession of the property and unpaid rent, interest, attorney's fees and costs totaling $64,313.”
Show all 19 citing cases →
— Ariz. Rev. Stat. § 12-1182(A) — 3 cases
Tucson Lot 4, LLC v. Sunquest Information Systems, Inc. (2016) arizctapp “Furthermore, A.R.S. § 12-1182(A) provides that an appeal may be taken from a forcible detainer action.”
Colosi v. Nacim (2019) arizctapp “¶6 The court ruled the handwritten note did not constitute a purchase contract, found the parties had an unwritten lease and awarded Colosi possession of the property and unpaid rent, interest, attorney's fees and costs totaling $64,313.”
Jurju v. Ile (2023) arizctapp
— Ariz. Rev. Stat. § 12-1182(B) — 8 cases
Grady v. Barth (2013) arizctapp “§ 12-1182(B) was first enacted in 1913, and even today, the Legislature provided that parties appealing an FED judgment from justice court to the superior court could obtain a stay simply by posting a bond meeting statutory requirements.”
Williams v. Miles (2006) arizctapp “We referred this motion to the superior court with orders to comply with our previous order by entering a stay if it had not yet done so.”
Tri City National Bank v. Barth (2015) arizctapp “DISCUSSION ¶ 11 Both the Gradys and TCNB exclusively argue whether the stay granted by the superior court was discretionary under ARPEA 17(c), A.R.S. §§ 12-1182 and 33-361 1 and our decision in Grady.”
Blair v. Stump (1980) arizctapp “” A.R.S. § 12-1182(B). Appeals from civil judgments in justice courts, other than forcible entry and detain-er judgments, require merely the filing of “a bond, which shall be approved by the justice, in an amount equal to the judgment and accrued costs.”
Tovar v. SUPERIOR COURT OF ARIZONA, ETC. (1982) ariz “That motion was made under the authority of A.R.S. § 12-1182, which in pertinent part reads as follows: A.”
— Ariz. Rev. Stat. § 12-1182(b) — 1 case
US Bank v. Reynolds (2019) arizctapp
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