from the Superior Court in Gila County, No. DO201800239, The
Honorable Joe A. Albo Jr., Judge Pro Tempore. APPEAL
Law Firm PLLC, Mesa, By Kay A. Jones and Brad J. Crider,
Counsel for Petitioner/Appellee
& Collins LLP, Payson, By Joseph E. Collins, Counsel for
Judge Staring authored the opinion of the Court, in which
Chief Judge Vásquez and Judge Brearcliffe concurred.
James McCarthy appeals the superior courts order affirming
an order of protection in favor of Aeyim McCarthy. For the
reasons that follow, we dismiss the appeal for lack of
Factual and Procedural Background
In July 2018, Aeyim filed a petition for order of protection
against James in the Payson Justice Court. The justice court
issued an ex parte order of protection that same day,
ordering James to have "no contact whatsoever" with
Aeyim. James requested a hearing on the order, but the
justice court cancelled the hearing after learning Aeyim had
commenced divorce proceedings in Gila County Superior Court.
The justice court transferred the order of protection
proceedings to the superior court pursuant to Rule 34, Ariz.
R. Protective Order P., and A.R.S. § 13-3602(P).
Once transferred, James again requested a hearing on the
order of protection. At the hearing, the superior court noted
it was "only handling the Order of Protection this date
and nothing will be addressed in the related family law
matter." Afterwards, the court issued an under
advisement ruling that kept the order of protection in
effect. The court also issued a separate signed order and
stated that it was entered pursuant to Rule 54(c), Ariz. R.
Civ. P., and that it "resolves all claims in this
proceeding and no further matters remain pending." This
Although neither party has raised the issue of jurisdiction,
we have "an independent duty to examine whether we have
jurisdiction over matters on appeal." Camasura v.
Camasura, 238 Ariz. 179, ¶ 5, 358 P.3d 600 (App. 2015).
Arizona law requires that, if there is a pending family law
case in the superior court between the parties to an order of
protection matter, the order of protection matter is to be
transferred to the superior court and merged into, or