A. Appeals to the court of appeals shall be taken from the superior court in the manner prescribed for appeals to the supreme court and within like time.
B. No case, appeal or petition for a writ brought in the supreme court or court of appeals shall be dismissed for the reason only that it was not brought in the proper court or division, but it shall be transferred to the proper court or division.
Notes of Decisions
Cited in
19
cases, 1966–2019 · leading case:
State v. Avila, 710 P.2d 440 (Ariz. 1985).
State v. Avila, 710 P.2d 440 (Ariz. 1985).
· cites it 4× “A.R.S. § 12-120.22 also provides: B. No case, appeal or petition for writ brought in the supreme court or court of appeals shall be dismissed for the reason only that it was not brought in the proper court or division, but it shall be transferred to the proper court or division.”
Johnson v. Arizona Registrar of Contractors, 396 P.3d 645 (Ariz. Ct. App. 2017).
· cites it 8× “In addition to examining ARCAP 4(a), the court also considered A.R.S. § 12-120.22(B) (2016), 3 which provides: No case, appeal or petition for a writ brought in the supreme court or court of appeals shall be dismissed for the reason only that it was not brought in the proper…”
Mahar v. Acuna, II, 287 P.3d 824 (Ariz. Ct. App. 2012).
· cites it 2× “§ 12-2102(A); see A.R.S. § 12-120.22(A). Here, the trial court prohibited Hector from possessing firearms in the course of a protective-order proceeding that was commenced in the superior court pursuant to A.”
Berry v. Superior Court, 788 P.2d 1258 (Ariz. Ct. App. 1989).
· cites it 4× “We therefore have transferred this special action to the Arizona Supreme Court pursuant to A.R.S. § 12-120.22(B). The court of appeals has limited subject matter jurisdiction.”
Svendsen v. Arizona Dep't of Transp., 323 P.3d 1179 (Ariz. Ct. App. 2014).
· cites it 2× “2006) (finding appellate jurisdiction based partly on appeals transfer statute, A.R.S. § 12-120.22(A)). We therefore conclude we have jurisdiction over the present appeal under § 12-913 of the ARA, as we implicitly assumed in Roller, 195 Ariz.”
Arizona Podiatry Ass'n v. Dir. of Ins., 422 P.2d 108 (Ariz. 1966).
· cites it 4× “I would therefore order the cause transferred to the Court of Appeals, Division 1, pursuant to A.R.S. § 12-120.22, subsec. B, for consideration and decision on the merits.”
City of Phoenix v. Super. Ct., Maricopa Cty., 677 P.2d 1283 (Ariz. 1984).
· cites it 2× “A.R.S. § 12-120.22(B). Even though the city is guilty of delay, we accepted the petition for special action, at the same time accepting a petition for special action in the companion case of City of Phoenix v.”
Crouch v. Just. of the Peace Court of the Sixth Precinct, 440 P.2d 1000 (Ariz. Ct. App. 1968).
· cites it 2× “In Mileham and Nixon, the Court of Appeals held that it was without jurisdiction, the same not having been granted by statute, and in both instances the cases were transferred to the Arizona Supreme Court as authorized by A.R.S. § 12-120.22. Thereafter the Supreme Court rendered…”
Baca v. Don, 635 P.2d 510 (Ariz. Ct. App. 1981).
· cites it 2× “The special action jurisdiction of this court is not as broad as that of the supreme court. See State v. Court of Appeals, Division Two, 101 Ariz.”
Cochise Cnty. v. Helm, 635 P.2d 855 (Ariz. Ct. App. 1977).
· cites it 2× “Also, that there is no provision for transfer of a special action petition brought in the superior court comparable to the provision for transfer in A.R.S. § 12-120.22(B): “No ... petition for a writ brought in the supreme court or court of appeals shall be dismissed for the…”
State v. Nixon, 423 P.2d 718 (Ariz. 1967).
“) This case was properly transferred to this court under the authority of subsection B, § 12-120.22 A.R.S. which provides “No case * * * shall be dismissed for the reason only that it was not brought in the proper court * * * but * * * shall be transferred to the proper court *…”
Coley v. Gonzales, 813 F. Supp. 705 (D. Ariz. 1992).
· cites it 2× “On August 4, 1989, the Arizona Court of Appeals transferred Petitioner’s appeal of the trial court’s denial of the Rule 32 petition to the Arizona Supreme Court pursuant to Ariz.Rev.Stat. Ann. § 12-120.22(B). On August 30, 1989, the Arizona Supreme Court consolidated…”
Ariz. Rev. Stat. § 12-120.22(A): 2 cases
Mahar v. Acuna, II, 287 P.3d 824 (Ariz. Ct. App. 2012).
“§ 12-2102(A); see A.R.S. § 12-120.22(A). Here, the trial court prohibited Hector from possessing firearms in the course of a protective-order proceeding that was commenced in the superior court pursuant to A.”
Svendsen v. Arizona Dep't of Transp., 323 P.3d 1179 (Ariz. Ct. App. 2014).
“2006) (finding appellate jurisdiction based partly on appeals transfer statute, A.R.S. § 12-120.22(A)). We therefore conclude we have jurisdiction over the present appeal under § 12-913 of the ARA, as we implicitly assumed in Roller, 195 Ariz.”
Ariz. Rev. Stat. § 12-120.22(B): 8 cases
Johnson v. Arizona Registrar of Contractors, 396 P.3d 645 (Ariz. Ct. App. 2017).
“In addition to examining ARCAP 4(a), the court also considered A.R.S. § 12-120.22(B) (2016), 3 which provides: No case, appeal or petition for a writ brought in the supreme court or court of appeals shall be dismissed for the reason only that it was not brought in the proper…”
Berry v. Superior Court, 788 P.2d 1258 (Ariz. Ct. App. 1989).
“We therefore have transferred this special action to the Arizona Supreme Court pursuant to A.R.S. § 12-120.22(B). The court of appeals has limited subject matter jurisdiction.”
City of Phoenix v. Super. Ct., Maricopa Cty., 677 P.2d 1283 (Ariz. 1984).
“A.R.S. § 12-120.22(B). Even though the city is guilty of delay, we accepted the petition for special action, at the same time accepting a petition for special action in the companion case of City of Phoenix v.”
Baca v. Don, 635 P.2d 510 (Ariz. Ct. App. 1981).
“The special action jurisdiction of this court is not as broad as that of the supreme court. See State v. Court of Appeals, Division Two, 101 Ariz.”
Cochise Cnty. v. Helm, 635 P.2d 855 (Ariz. Ct. App. 1977).
“Also, that there is no provision for transfer of a special action petition brought in the superior court comparable to the provision for transfer in A.R.S. § 12-120.22(B): “No ... petition for a writ brought in the supreme court or court of appeals shall be dismissed for the…”
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