Legal Question in Family Law in Arizona

6-9-11

Hello,

I'm a pro per respondent in a divorce case in Arizona. After a short trial in which I got creamed by my ex's attorney and a prejudicial judge in a post divorce proceeding I filed a 'Motion for a New Trial or Reconsideration.' I thought I would allow the trial court to use it's discretion on which it would choose. Obviously a big mistake.

I know reconsideration doesn't extend the time for appeal and when I didn't hear from the court for thirty days I filed a timely notice of appeal. The trial court made it abundantly clear in a post trial ruling and an order that it had no intention of changing its decision although never responding directly to the motion because of the pending appeal. The appeal was then dismissed for lack of jurisdiction because my motion was still officially pending in Superior court.

In my motion for reconsideration of the appeals court decision I stated I needed to protect my appeal rights in case the trial court decided at a future time it would treat my motion as one for reconsideration only.

Rule 35D of family law procedure says that a motion for reconsideration can not be substituted for a motion for a new trial. My question is this- because I gave the trial court the option to substitute in violation of Rule 35D does that nullify the entire motion or is the motion now treated simply as one for a new trial? Any case law would be appreciated.

Thanks in Advance,

and/or


Asked on 6/09/11, 10:04 am

1 Answer from Attorneys
Rich Peters R.J. Peters & Assoc., P.C.

Because you filed a Motion for New Trial, your time to appeal would begin running from the date of the Court's ruling on THAT motion.

I WOULD NEED TO SEE THE POST TRIAL RULING to give you a better answer. TIME MAY BE OF THE ESSENCE. You CANNOT miss your deadline for the Notice of Appeal.

We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Alicia or my paralegal Jennifer to schedule your free 1/2 hour consultation.

/s/ Rich J. Peters

R.J. Peters & Assoc., P.C.

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

facsimile 602-254-1229

see our website at www.familylawaz.com

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Answered on 6/14/11, 11:34 am


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