McHazlett v. Otis Eng'g Corp., 652 P.2d 1377 (Ariz. 1982). · Go Syfert
McHazlett v. Otis Eng'g Corp., 652 P.2d 1377 (Ariz. 1982). Cases Citing This Book View Copy Cite
46 citation events (42 in the last 25 years) across 2 distinct courts.
Strongest positive: State v. McEvoy (arizctapp, 2019-12-05)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 22 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) State v. McEvoy
Ariz. Ct. App. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
if a lower court has no jurisdiction to issue an order an appeal from that order gives the appellate court no jurisdiction except to dismiss the appeal.
examined Cited as authority (verbatim quote) Demaree v. Arizona (2×) also: Cited as authority (quoted)
Ariz. Ct. App. · 2015 · signal: see · quote attribution · 2 verbatim quotes · confidence high
if a lower court has no jurisdiction to issue an order an appeal from that order gives the appellate court no jurisdiction except to dismiss the appeal.
examined Cited as authority (verbatim quote) Hope v. Hope (2×) also: Cited as authority (quoted)
Ariz. Ct. App. · 2014 · signal: see · quote attribution · 2 verbatim quotes · confidence high
if a lower court has no jurisdiction to issue an order an appeal from that order gives the appellate court no jurisdiction except to dismiss the appeal.
discussed Cited as authority (verbatim quote) SWC Baseline & Crismon Investors, L.L.C. v. Augusta Ranch Ltd. Partnership (2×) also: Cited as authority (rule)
Ariz. Ct. App. · 2011 · quote attribution · 1 verbatim quote · confidence high
if a lower court has no jurisdiction to issue an order an appeal from that order gives the appellate court no jurisdiction except to dismiss the appeal.
discussed Cited as authority (rule) Mikalacki v. Rubezic
Ariz. Ct. App. · 2025 · confidence medium
Appeals of an order where the superior court lacks jurisdiction to issue an order “gives the appellate court no jurisdiction except to dismiss the appeal.” McHazlett v. Otis Eng’g Corp., 133 Ariz. 530, 533 (1982) (citation omitted). ¶11 A motion for relief from a decree under Rule 85 based on “newly discovered evidence” “must be made within a reasonable time,” but “no more than 6 months after the entry of judgment.” ARFLP 85(c)(1).
discussed Cited as authority (rule) Yee v. Yee
Ariz. Ct. App. · 2021 · signal: cf. · confidence medium
Cf. McHazlett v. Otis Eng’g Corp., 133 Ariz. 530, 533 (1982) (if the superior court lacks “jurisdiction to issue an order[,] an appeal from that order gives the appellate court no jurisdiction except to dismiss the appeal.”). ¶20 Mother cites Desmond v. J.W.
discussed Cited as authority (rule) Ashby v. Biglow
Ariz. Ct. App. · 2017 · confidence medium
McHazlett v. Otis Eng’g Corp., 133 Ariz. 530, 531 (1982). 8 ASHBY v. BIGLOW Decision of the Court CONCLUSION ¶22 For the foregoing reasons, we affirm the judgment and dismiss Biglow’s appeal from the denial of her Rule 60 motion.
discussed Cited as authority (rule) Emerson v. Garcia
Ariz. Ct. App. · 2015 · confidence medium
McHazlett v. Otis Eng’g Corp., 133 Ariz. 530, 532 (1982) (holding that naming John Does and failure to serve remaining named defendants does not require Rule 54(b) certification for judgment to be appealable). 2 EMERSON v. GARCIA, et al.
cited Cited as authority (rule) Glover v. Glover
Ariz. Ct. App. · 2012 · confidence medium
McHazlett v. Otis Eng’g Carp., 133 Ariz. 530, 533 , 652 P.2d 1377, 1380 (1982).
discussed Cited as authority (rule) State ex rel. Arizona Structural Pest Control Commission v. Taylor
Ariz. Ct. App. · 2010 · confidence medium
Pursuant to Arizona Rule of Civil Procedure 54(b), therefore, the April 2008 judgment was not appealable because it lacked “an express determination [by the superior court] that there is no just reason for delay and ... an express direction for the entry of judgment.” See McHazlett v. Otis Eng’g Corp., 133 Ariz. 530, 532 , 652 P.2d 1377, 1379 (1982).
discussed Cited as authority (rule) STATE EX REL. AZ. STR. PEST CONT. v. Taylor
Ariz. Ct. App. · 2010 · confidence medium
Pursuant to Arizona Rule of Civil Procedure 54(b), therefore, the April 2008 judgment was not appealable because it lacked "an express determination [by the superior court] that there is no just reason for delay and . . . an express direction for the entry of judgment." See McHazlett v. Otis Eng'g Corp., 133 Ariz. 530, 532 , 652 P.2d 1377, 1379 (1982).
cited Cited as authority (rule) State ex rel. Corbin v. Tolleson
Ariz. Ct. App. · 1986 · confidence medium
McHazlett v. Otis Engineering Corp., 133 Ariz. 530, 533 , 652 P.2d 1377, 1380 (1982).
discussed Cited "see" Four 3's v. Scott
Ariz. Ct. App. · 2021 · signal: see · confidence high
See McHazlett v. Otis Engineering Corp., 133 Ariz. 530, 532 (1982); Madrid v. Avalon Care Center-Chandler, LLC, 236 Ariz. 221, 224-25, ¶ 11 (App. 2014) (providing that this court lacks jurisdiction if parties remain in the action despite Rule 54(c) language). ¶15 At oral argument, both parties requested that we invoke our special action jurisdiction.
discussed Cited "see" Channel v. State
Ariz. Ct. App. · 2018 · signal: see · confidence high
See McHazlett v. Otis Eng’g Corp., 133 Ariz. 530, 532 (1982) (stating that unserved defendants are not parties for the purpose of Arizona Rule of Civil Procedure 54(b)’s requirement that a final judgment dispose of all claims and parties). 6 CHANNEL v. STATE Decision of the Court (App. 1979) (“One cannot claim the trial court erred in rejecting a theory if the theory was never presented to it.”). ¶14 In addition, Channel’s allegations—both those that are new and those previously raised—clearly have as their purpose obtaining relief from his misconduct involving weapons convictio…
discussed Cited "see" Simpson v. Bell Plaza
Ariz. Ct. App. · 2017 · signal: see · confidence high
See McHazlett v. Otis Eng’g Corp., 133 Ariz. 530, 532 (1982) (holding unserved individuals are not “parties” for purposes of entry of final judgment and appellate jurisdiction). 3Absent material revisions after the relevant dates, statutes and rules cited refer to the current version unless otherwise indicated. 3 SIMPSON v. BELL PLAZA et al.
discussed Cited "see" Mattison v. Scottsdale
Ariz. Ct. App. · 2016 · signal: see · confidence high
See McHazlett v. Otis Eng’g Corp., 133 Ariz. 530, 532 (1982) (holding that unserved defendants are not “parties” within the meaning of the Arizona Rules of Civil Procedure). 2 Absent material changes from the relevant date, we cite a statute’s current version. 2 MATTISON v. SCOTTSDALE et al.
discussed Cited "see" Madrid v. Avalon Care Center-Chandler, L.L.C. (2×)
Ariz. Ct. App. · 2014 · signal: see · confidence high
See McHazlett v. Otis Eng’g Corp., 133 Ariz. 530, 532 , 652 P.2d 1377, 1379 (1982); Baker v. Bradley, 231 Ariz. 475 , 481-82 ¶¶ 21-23, 296 P.3d 1011, 1017-18 (App. 2013). 3 .
discussed Cited "see" Baker v. Bradley (2×)
Ariz. Ct. App. · 2013 · signal: see · confidence high
See McHazlett v. Otis Eng’g Corp., 133 Ariz. 530, 532 , 652 P.2d 1377, 1379 (1982) (holding unserved defendants are not “parties,” within the meaning of the Rules); Simon v. Maricopa Med.
discussed Cited "see" Simon v. MARICOPA MEDICAL CENTER (2×)
Ariz. Ct. App. · 2010 · signal: see · confidence high
See McHa-zlett v. Otis Eng’g Corp., 133 Ariz. 530, 532 , 652 P.2d 1377, 1379 (1982) (holding unserved defendants are not “parties,” within the meaning of Rule 54(b)). 6 .
discussed Cited "see" Comerica Bank v. MAHMOODI (2×)
Ariz. Ct. App. · 2010 · signal: see · confidence high
See McHazlett v. Otis Eng’g Corp., 133 Ariz. 530, 532 , 652 P.2d 1377, 1379 (1982) (holding unserved defendants are not “parties” within the meaning of Rule 54(b)). 3 .
discussed Cited "see" Riendeau v. Wal-Mart Stores, Inc. (2×)
Ariz. Ct. App. · 2010 · signal: see · confidence high
See McHazlett v. Otis Engineering Corp., 133 Ariz. 530, 533 , 652 P.2d 1377, 1380 (1982); Ronan v. First Nat’l Bank of Ariz., 90 Ariz. 341, 344 , 367 P.2d 950, 952 (1962).
discussed Cited "see, e.g." Banks v. Carey (2×)
Miss. Ct. App. · 2014 · signal: see also · confidence low
See M.R.C.P. 9(h) ("When a party is ignorant of the name of an opposing party and so alleges in his pleading, the opposing party may be designated by any name, and when his true name is discovered the process and all pleading and proceedings in the action may be amended by substituting the true name and giving proper notice to the opposing parly.”); see also McHazlett v. Otis Eng’g Corp., 133 Ariz. 530 , 652 P.2d 1377, 1379 (1982) (holding that the "unserved named defendants and the fictitious defendants in this case are not 'parties’ within the meaning of Rule 54(b)”). .
Retrieving the full opinion text from the archive…
John McHAZLETT and Tri-Thi McHazlett, Husband and Wife, Plaintiffs/Appellants,
v.
OTIS ENGINEERING CORPORATION, a Foreign Corporation, Defendant/Appellee
16083-PR.
Arizona Supreme Court.
Oct 8, 1982.
652 P.2d 1377
Russo, Cox, Dickerson & Sylvester, P.C. by Karl MacOmber, Tucson, for plaintiffs/appellants., Leonard Everett, P.C., Tucson, for defendant/appellee.
Gordon, Holohan, Hays, Cameron, Feldman.
Cited by 24 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: bottom 75%
Citer courts: Court of Appeals of Arizona (2)
GORDON, Vice Chief Justice:

On March 23, 1978 petitioners John and Tri-Thi McHazlett filed suit against respondent Otis Engineering Corporation (Otis), two other named defendants, and five fictitious defendants designated as “John Does and Jane Does 1-5.” Otis was the only defendant served with process. Petitioners undertook discovery, sending interrogatories to Otis and taking depositions of several Otis employees. Petitioners filed a motion to set and certificate of readiness in which petitioners’ counsel certified that the issues in the ease had been joined and that the parties had completed, or would have had a reasonable opportunity to complete, pre-trial discovery prior to five days before the pre-trial conference. Petitioners made no attempt to serve any defendant other than Otis or to substitute real persons for the John and Jane Doe defendants.

On March 13,1981 the trial court granted Otis’ motion to dismiss for lack of personal jurisdiction, and on March 25,1981 an order of dismissal was entered. The order of dismissal made no mention of the other named defendants or the fictitious defendants. Furthermore, it did not include a determination that there was no just reason for delay in entering the order or an express direction that the order be entered. Petitioners appealed the order to the Court of Appeals. On September 1, 1981 the Court of Appeals dismissed the appeal on the grounds that the notice of appeal was untimely and failed to comply with Rule 8(c) of the Arizona Rules of Civil Appellate Procedure. Petitioners did not seek review of that decision.

On October 19, 1981 the trial court, at petitioners’ urging, issued a second order dismissing the claim against Otis for lack of personal jurisdiction. This second order included a determination that there was no just reason for delay in entering the order and directed that the order be entered. Petitioners appealed this order to the Court of Appeals. The Court of Appeals dismissed the second appeal holding that petitioners’ first appeal had been taken from a final order and therefore petitioners are foreclosed from again seeking review. Accepting review pursuant to Ariz.Const. Art. 6, § 5(3) and Ariz.R.Civ.App.P. 23 we approve the dismissal of the appeal.

Rule 54(b) of the Arizona Rules of Civil Procedure [1] provides that in a case involving multiple parties an order or judgment[*532] that adjudicates the rights of fewer than all the parties is not appealable unless the trial court determines that there is no just reason for delay and directs entry. Snell v. McCarthy, 130 Ariz. 315, 636 P.2d 93 (1981); Dean v. Powell, 111 Ariz. 219, 526 P.2d 1241 (1974). Petitioners argue that the instant case involves multiple defendants. Therefore the trial court’s first order dismissing only the claim against Otis, was not appeal-able because it did not include a Rule 54(b) determination. Consequently, the Court of Appeals was without jurisdiction to hear the appeal from that order. Furthermore,, petitioners argue, the trial court’s second dismissal order which did contain a Rule 54(b) determination was the first appeala-ble order in the case, and therefore the appeal from that order was properly before the Court of Appeals and should not have been dismissed.

The resolution of this case turns on the question of whether the unserved named defendants and the fictitious defendants are “parties” within the meaning of Rule 54(b). If not, the case does not involve multiple parties, Rule 54(b) is inapplicable, and the trial court’s first dismissal order was appealable.

In Stevenson v. Celaya, 10 Ariz.App. 203, 457 P.2d 743 (1969), the Arizona Court of Appeals held that unserved fictitious defendants are “parties” for purposes of Rule 54(b). In contrast, several Federal Courts of Appeals construing Rule 54(b) of the Federal Rules of Civil Procedure, which is the same as Arizona’s Rule 54(b), and several state courts construing similar rules have held that unserved “parties” are not “parties” within the rules. See Leonhard v. United States, 633 F.2d 599 (2d Cir.1980), cert. denied, 451 U.S. 908, 101 S.Ct. 1975, 68 L.Ed.2d 295 (1981); United States v. Studivant, 529 F.2d 673 (3d Cir.1976); Siegmund v. General Commodities Corp., 175 F.2d 952 (9th Cir.1949); Tidewater Insurance Associates, Inc. v. Dryden Oil Company, Inc., 42 Md.App. 415, 401 A.2d 178 (Ct.Spec.App.1979); State For Use and Benefit of Moak v. Moore, 373 So.2d 1011 (Miss.1979); Rae v. All American Life and Casualty Co., 95 Nev. 920, 605 P.2d 196 (1979); Gumpp v. Philadelphia Life Insurance Co., 562 S.W.2d 885 (Tex.Civ.App.1978). We believe these latter cases reflect the better view.

The purpose of Rule 54(b) in requiring a determination that there is no just reason for delay in entering judgment is to prevent piecemeal appeals. Tarrazes v. Superior Court, 112 Ariz. 434, 543 P.2d 120 (1975); Edler v. Edler, 9 Ariz.App. 140, 449 P.2d 977 (1969). To hold that the unserved defendants in the instant case are “parties” for purposes of the rule would in no way serve that purpose. In the three year period between the filing of petitioners’ original complaint and the trial court’s first order dismissing the claim against Otis, petitioners made no attempt to serve the other defendants or to substitute real persons for the fictitious defendants. All discovery conducted by petitioners was directed at Otis. It appears from the record that as of March 23,1981 petitioners intended to proceed to trial in mid-April only against Otis. In light of these facts there is no reason to believe that there will be any adjudications in this case other than the one involving Otis. Consequently, holding that Otis is the only defendant for purposes of Rule 54(b) does not create a danger of piecemeal appeals. Accordingly, we hold that the unserved named defendants and the fictitious defendants in this case are not “parties” within the meaning of Rule 54(b) and therefore the trial court’s first dismissal order was final and appealable. To the extent Stevenson v. Celaya, supra, is inconsistent, it is overruled.

[*533] Because the trial court’s first dismissal order was appealable, petitioners’ first appeal was properly before the Court of Appeals. That court’s decision in the matter became final and non-reviewable when petitioners failed to petition this Court for review. Furthermore, once petitioners’ first appeal was perfected the trial court lost any jurisdiction to act in the case. American Smelting & Refining Co. v. Arizona Air Pollution Control Hearing Board, 113 Ariz. 243, 550 P.2d 621 (1976); Burkhardt v. Burkhardt, 109 Ariz. 419, 510 P.2d 735 (1973). As a result, the trial court lacked jurisdiction to enter its second dismissal order. If a lower court has no jurisdiction to issue an order an appeal from that order gives the appellate court no jurisdiction except to dismiss the appeal. Rojas v. Kimble, 89 Ariz. 276, 361 P.2d 403 (1961); Ex Parte Coone, 67 Ariz. 299, 195 P.2d 149 (1948). The Court of Appeals therefore properly dismissed petitioners’ second appeal.

The order of the Court of Appeals dismissing petitioners’ appeal is approved.

HOLOHAN, C.J., and HAYS, CAMERON and FELDMAN, JJ., concur.