Reeck v. Mendoza
232 Ariz. 299
| Ariz. Ct. App. | 2013Background
- Reeck appeals from a family court order requiring $475 monthly child support to Mendoza, entered January 27, 2012.
- On the same day the court issued an unsigned minute entry explaining the basis for support and awarding Mendoza attorneys’ fees, with leave to file a fee application.
- Mendoza has not filed an application for attorneys’ fees as of the appeal.
- Reeck filed a timely notice of appeal in February 2012; the fee application remains unsettled.
- This case tests whether finality for appellate jurisdiction in family court requires resolution of fees, or whether a child support award is inherently final.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is appellate jurisdiction triggered by finality of a child support order despite unresolved fees? | Reeck argues jurisdiction hinges on fee resolution. | Mendoza argues fee proceedings are pending but do not affect finality. | Finality exists; court has jurisdiction despite unsettled fees. |
| Does a child support order constitute an inherently final decision for appeal purposes under family law? | Reeck maintains inherent finality applies to support orders. | Mendoza contends finality depends on fee rulings. | Yes, child support orders are inherently final, supporting appellate jurisdiction. |
| Whether Ghadimi controls or should be distinguished regarding finality and fee rules between family and civil procedures? | Reeck invokes Ghadimi to discuss finality with fee issues. | Mendoza argues Ghadimi governs lacking fee determination. | Court departs from Ghadimi, recognizing differences in family rules and finality concepts. |
Key Cases Cited
- Ghadimi v. Soraya, 230 Ariz. 621 (App. 2012) (premature appeal when fee matters unresolved; framework considered for finality and fees)
- Barassi v. Matison, 130 Ariz. 418 (1981) (limited Barassi exception for ministerial task completion in timing of appeal)
- Smith v. Ariz. Citizens Clean Elections Comm’n, 212 Ariz. 407 (2006) (limited Barassi exception applied; decision on ministerial tasks relevant to finality)
- Craig v. Craig, 227 Ariz. 105 (2011) (discusses finality and Barassi-type considerations in family/civil context)
- Kassa (In re Marriage of Kassa), 231 Ariz. 592 (App. 2013) (discussed jurisdiction issues in family law context; related to finality questions)