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Mark B. v. Arizona Department of Economic Security

Court of Appeals of Arizona, First Division, Department B

September 26, 2013

MARK B., Appellant,
v.
ARIZONA DEPARTMENT OF ECONOMIC SECURITY, R.D., Appellees

Not for Publication – Rule 111, Rules of the Arizona Supreme Court

Maricopa County Superior Court Nos. JS12371, JS12376

DECISION ORDER

PATRICIA K. NORRIS, Judge

This court has an independent duty to determine whether it has jurisdiction. Sorenson v. Farmers Ins. Co., 191 Ariz. 464, 465, 957 P.2d 1007, 1008 (App. 1997). We lack jurisdiction to consider appeals not timely filed. Maricopa Cnty. Juv. Action No. JS-1009, 26 Ariz.App. 518, 518, 549 P.2d 613, 613 (1976). Rule 104 of the Arizona Rules of Procedure for the Juvenile Court requires an appeal to be filed "no later than 15 days after the final order is filed with the clerk."

Here, the juvenile court entered the final order on June 3, 2013. Father filed a premature notice of appeal on May 21, 2013. Nevertheless, both parties assert we have jurisdiction under Craig v. Craig, 227 Ariz. 105, 107, ¶ 13, 253 P.3d 624, 626 (2011) ("a limited exception to the final judgment rule . . . allows a notice of appeal to be filed after the trial court has made its decision, but before it has entered a formal judgment, if no decision of the court could change and the only remaining task is merely ministerial. In all other cases, a notice of appeal filed in the absence of a final judgment . . . is ineffective and a nullity.") (emphasis omitted) (citations omitted) (internal quotation marks omitted).

Assuming, without deciding, Craig applies here, the remaining tasks were more than ministerial[1] thus making Father's notice of appeal a nullity.

IT IS ORDERED dismissing the appeal for lack of jurisdiction.


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