Fields v. Oates
230 Ariz. 411
| Ariz. Ct. App. | 2012Background
- Fields sues to quiet title against Oates in Apache County; Oates seeks attorneys’ fees.
- March 28, 2011 signed order granted summary judgment; no Rule 54(b) language.
- April 13, 2011 Fields appealed; May 24, 2011 (fees) entered; timely or not?
- June 29, 2011 court dismissed Fields’ appeal and repeated fee award of $12,481.66.
- Fields amended his appeal on July 13, 2011 seeking review of multiple orders; jurisdiction questioned.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether March 28 order is final judgment for appeal | Fields argues March 28 is final despite no Rule 54(b). | Oates contends March 28 not final due to unresolved fees and no 54(b). | March 28 not final; lacks 54(b) language and unresolved fees. |
| Barassi exception applicability to premature notice of appeal | Fields cites Barassi to permit appeal despite prematurity. | Oates argues Barassi inapplicable because fees not ministerial and decision not final. | Barassi exception inapplicable; April 13 notice ineffective. |
| Effect of May 24, 2011 fee judgment on finality | Fields contends May 24 converts March 28 to final. | Oates argues premature appeal periods not revived by May 24 unless amended. | May 24 created finality for appeal; but subsequent July 13 notice untimely. |
| Effect of June 29, 2011 order on jurisdiction | Fields contends June 29 reasserts final judgment and restarts appeal period. | Oates asserts no new period; May 24 already finalized appeal window. | June 29 did not revive or initiate a new appeal period; appeal untimely. |
Key Cases Cited
- Craig v. Craig, 227 Ariz. 105 (App. 2011) (premature notices of appeal nullity when no final judgment)
- Smith v. Ariz. Citizens Clean Elections Comm’n., 212 Ariz. 407 (2006) (Barassi exception and final judgment framework)
- Barassi v. Matison, 130 Ariz. 418 (1981) (limited Barassi exception for ministerial finality)
- Hill v. City of Phoenix, 193 Ariz. 570 (1999) (timing for appeal when 54(b) issues exist)
- Nat’l. Broker Assocs., Inc. v. Marlyn Nutraceuticals, Inc., 211 Ariz. 210 (App. 2005) (finality of judgments without 54(b) certification)
- Chan v. Brunswick Corp., 388 So.2d 274 (Fla. Dist. Ct. App. 1980) (interpretation of final judgment timing in succession of judgments)