Ariz. Rev. Stat. » Title 12

Ariz. Rev. Stat. § 12-2106

Penalty for taking frivolous appeal or appeal for delay

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When the supreme court is of the opinion that an appeal has been taken for delay, and that there was not sufficient grounds for taking an appeal, it may include in its judgment an additional amount, not exceeding ten per cent of the judgment appealed from, if the judgment is for the recovery of money, and not exceeding five hundred dollars in other cases, as damages for a frivolous appeal.

Notes of Decisions
Cited in 30 cases (1 in the last 5 years), 1965–2023 · leading case: Marriage of Birt v. Birt
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Marriage of Birt v. Birt (2004) arizctapp · cites it 3× “Husband suggests that we should award him costs pursuant to A.R.S. § 12-2106 (2003), which provides for damages when an appeal is taken for delay or without sufficient grounds.”
De Gryse v. De Gryse (1983) ariz · cites it 3× “Appellee asks for an award of attorney’s fees and costs pursuant to A.R.S. § 12-2106 on grounds that the appeal is frivolous.”
Acuna v. Kroack (2006) arizctapp · cites it 2× “2d 1107, 1110 (1974) (awarding damages for frivolous appeal under A.R.S. § 12-2106, even though statute referred only to "the supreme court”).”
Cooper v. Cooper (1981) ariz · cites it 2× “These factors, viewed together with the short duration of the award, and the relative earning capacities of the parties, compel us to conclude that the trial court did not abuse its discretion by making the award of spousal maintenance.”
Arizona Tax Research Ass'n v. Department of Revenue (1989) ariz · cites it 2× “01(C) (claim not made in good faith), or A.R.S. § 12-2106 ($500 sanction authorized as damages for a frivolous appeal), because the court did not rely on those statutes, but on its authority under rule 25, Arizona Rules of Civil Appellate Procedure.”
Nalbandian v. Superior Court (1989) arizctapp · cites it 2× “See Rule 7(e), Arizona Rules of Procedure for Special Actions (“The provisions of A.R.S. § 12-2106 and of Rule 25, Rules of Civil Appellate Procedure, pertaining to damages for frivolous appeals or appeals for delay, shall apply to special actions.”
Arizona Department of Economic Security v. Grant (2013) arizctapp · cites it 2× “Consequently, the court erred by dismissing the dependency petition for lack of jurisdiction.”
Marriage of Hines v. Hines (1985) arizctapp · cites it 4× “Murrel and Diane have requested attorney’s fees in the amount of $500 be awarded to them pursuant to A.R.S. § 12-2106, which requires a finding that the appeal has been taken for “delay” and is frivolous.”
FLOOD CONTROL DIST. OF MARICOPA CTY. v. Hing (1985) arizctapp · cites it 2× “The District also asserts that the defendants have ignored controlling decisions of both the United States and Arizona Supreme Courts.”
Valley Vendors Corp. v. City of Phoenix (1980) arizctapp · cites it 2× “The appellee has made a request for an assessment of attorney’s fees for a frivolous appeal pursuant to A.R.S. § 12-2106 and rule 25 of the Arizona Rules of Civil Appellate Procedure.”
Aetna Loan Company v. Apache Trailer Sales (1965) arizctapp · cites it 4× “At that time appellee’s counsel made a motion for additional attorney’s fees pursuant to A.R.S. § 12-2106, on the grounds that the appeal was frivolous.”
Sanders v. Boyer (1980) arizctapp · cites it 2× “Appellee’s cross-appeal is denied; appel-lee’s request for attorney’s fees on appeal pursuant to A.R.S. § 12-2106 is denied; and the trial court’s order of March 8, 1978 is affirmed.”
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