Santee v. Mesa Airlines, Inc.
270 P.3d 915
Ariz. Ct. App.2012Background
- Wheelchair damaged when unloaded from airplane operated by Mesa Airlines and America West Airlines.
- Santee and wife sued; litigation culminated in trial court granting Rule 12(b)(6)/(c) dismissal.
- Trial court entered final judgment dismissing claims on February 14, 2011 after Rule 68(g) motion.
- Santee filed a notice of appeal before final judgment and while a substantive motion was pending.
- Arizona Court of Appeals lacks jurisdiction because no timely, proper notice of appeal was filed.
- Court dismisses the appeal for lack of appellate jurisdiction, not on merits of Rule 12 dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal was timely and properly filed | Santee argues Barassi exception applies | America West contends no timely notice of appeal. | Premature notice of appeal outside Barassi; no timely notice exists |
| Whether Rule 68(g) affects appellate timing | Rule 68(g) should not nullify final appeal timing | Rule 68(g) creates a pending issue requiring resolution before appeal | Rule 68(g) does not extend time for filing an appeal; timing still controls |
| Whether Barassi exception applies to Rule 68(g) context | Santee fits ministerial-barassi rationale | Exception does not apply here; motion not merely ministerial | Barassi exception does not apply; procedural rules control jurisdiction |
| Whether Craig v. Craig clarifies jurisdiction when final judgment is pending | Premature appeal can be cured if final judgment resolves issues | Craig assures limits on premature notices | Craig does not save invalid premature appeal; jurisdiction lacking |
Key Cases Cited
- Barassi v. Matison, 130 Ariz. 418 (1981) (limited exception to final judgment rule for premature notices of appeal)
- Craig v. Craig, 253 P.3d 624 (Ariz. 2011) (premature notices: limited exception when only ministerial tasks remain)
- Smith v. Ariz. Citizens Clean Elections Comm'n, 132 P.3d 1187 (2006) (premature notices are ineffective absent final judgment)
- Maria v. Najera, 214 P.3d 394 (App. 2009) (supports finality and avoidance of piecemeal appeals)
- Robinson v. Kay, 236 P.3d 419 (App. 2010) (court jurisdiction independent duty to assess standing)