Arizona Revised Statutes

Ariz. Rev. Stat. § 12-2103 (2026)

Powers of supreme court on appeal; affirmance; reversal; modification; restitution; rehearing when three judges do not concur

✓ current as of May 2026

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A. The supreme court may affirm, reverse or modify a judgment or order appealed from, and may render such judgment or order as the court below should have rendered, or may remand the action to the court below with directions to render such judgment or order, or may direct that a new trial or other proceedings be had, as justice may require, accompanying the mandate with a copy of its opinion.

B. When the judgment or order is reversed or modified the court may make complete restitution of all property and rights lost by the erroneous judgment or order.

C. If three judges do not concur the action shall be reheard.

Notes of Decisions

Cited in 37 cases (4 in the last 5 years), 1956–2025 · leading case: Merryweather v. Pendleton, 372 P.2d 335 (Ariz. 1962).

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Merryweather v. Pendleton, 372 P.2d 335 (Ariz. 1962). · cites it 8× “Morris, 68 Ariz. 224 , 204 P.2d 475 (1949), and may render such judgment as should have been rendered *344 below, except when it is necessary that some matter of fact be ascertained, or the damages assessed or the matter to be decreed is uncertain, A.”

Acuna v. Kroack, 128 P.3d 221 (Ariz. Ct. App. 2006). · cites it 3× “¶42 Pursuant to A.R.S. § 12-2103(A), an appellate court may affirm, reverse or modify a judgment or order appealed from, and may render such judgment or order as the court below should have rendered, or may remand the action to the court below with directions to render such…”

Arrowhead Press, Inc. v. Indus. Comm'n, 653 P.2d 371 (Ariz. Ct. App. 1982). · cites it 4× “§ 23-951(D) which limit this court's power to modify, affirm in part, or remand with directions after the completion of our review of awards entered in workmen's compensation proceedings.”

Boies v. Cole, 407 P.2d 917 (Ariz. 1965). · cites it 4× “, concurs in this dissent. NOTES [1] There is no evidence that Cole saw Silvio's ambulance since Cole was in the house when Silvio arrived and hence that he saw the star or radio.”

Miller v. Bd. of Sup'rs of Pinal Cty., 855 P.2d 1357 (Ariz. 1993). · cites it 2× “We conclude, therefore, that the trial court's findings of fact fail to comply with Rule 52(a). B. The appropriate remedy Generally, on reviewing a lower court's decision, this court can: (1) affirm; (2) reverse; (3) modify the judgment; or (4) remand the action to the trial…”

State v. Greenawalt, 626 P.2d 118 (Ariz. 1981). · cites it 2× “2d 217 (1974); A.R.S. § 12-2103(A), 4 A.R.S. It is ordered that any reference to Counts XIV and XIX, Cause Number 7979 in Raymond Tison’s formal judgment be deleted and that any reference to Count XIV, Cause Number 7979 in the sentence for Count IX, Cause Number 8007 in Ricky…”

Molever v. Roush, 732 P.2d 1105 (Ariz. Ct. App. 1986). · cites it 2× “SANCTIONS We finally consider the requests for sanctions made by both parties pursuant to rule 25, Arizona Rules of Civil Appellate Procedure.”

Anderson v. Contes, 128 P.3d 239 (Ariz. Ct. App. 2006). · cites it 2× “” See A.R.S. § 12-2103(A) (2003) (“The supreme court .”

Phelps Dodge Corp. v. Arizona Elec. Power Co-Op., Inc., 83 P.3d 573 (Ariz. Ct. App. 2004). · cites it 2× “In accordance with A.R.S. § 12-2103(A), which permits us to render the judgment the superior court should have entered, and because no further action is required via remand to that court, we reverse the portions of the Commission decisions promulgating R14-2-1609(C)-(J),…”

State of Arizona v. Vivek a Patel, 486 P.3d 188 (Ariz. 2021). · cites it 2× “We have jurisdiction pursuant to article 6, section 5(3) of the Arizona Constitution and A.R.S. § 12-2103. II. ¶9 Patel argues that the plain language of § 2.”

In Re Jerry C., 151 P.3d 553 (Ariz. Ct. App. 2007). · cites it 2× “The court found Jeriy delinquent of molestation as to C (Count I) and the lesser included offense of molestation as to K (Count III) and M (Count IV).”

Stonecreek Bldg. Co., Inc. v. Shure, 162 P.3d 675 (Ariz. Ct. App. 2007). · cites it 2× “See A.R.S. § 12-2103 (2003); cf. Miller v. Bd.”

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— Ariz. Rev. Stat. § 12-2103(A) — 11 cases

Acuna v. Kroack, 128 P.3d 221 (Ariz. Ct. App. 2006). “¶42 Pursuant to A.R.S. § 12-2103(A), an appellate court may affirm, reverse or modify a judgment or order appealed from, and may render such judgment or order as the court below should have rendered, or may remand the action to the court below with directions to render such…”

State v. Greenawalt, 626 P.2d 118 (Ariz. 1981). “2d 217 (1974); A.R.S. § 12-2103(A), 4 A.R.S. It is ordered that any reference to Counts XIV and XIX, Cause Number 7979 in Raymond Tison’s formal judgment be deleted and that any reference to Count XIV, Cause Number 7979 in the sentence for Count IX, Cause Number 8007 in Ricky…”

Molever v. Roush, 732 P.2d 1105 (Ariz. Ct. App. 1986). “SANCTIONS We finally consider the requests for sanctions made by both parties pursuant to rule 25, Arizona Rules of Civil Appellate Procedure.”

Anderson v. Contes, 128 P.3d 239 (Ariz. Ct. App. 2006). “” See A.R.S. § 12-2103(A) (2003) (“The supreme court .”

Phelps Dodge Corp. v. Arizona Elec. Power Co-Op., Inc., 83 P.3d 573 (Ariz. Ct. App. 2004). “In accordance with A.R.S. § 12-2103(A), which permits us to render the judgment the superior court should have entered, and because no further action is required via remand to that court, we reverse the portions of the Commission decisions promulgating R14-2-1609(C)-(J),…”

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