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Pompa v. Superior Court1/30/1997
RYAN, Judge
The issue presented here is whether an appellant's failure to comply with Arizona Revised Statutes Annotated ("A.R.S.") section 13-2314(M)'s requirement of filing a copy of the notice of appeal and brief with the attorney general's office at the time of filing divests this court of jurisdiction. We hold that the existing appellate procedural rules promulgated by the supreme court pursuant to the Arizona Constitution prevail, and therefore this court has jurisdiction over the appeal.
Petitioner/defendant/appellant Joseph Pompa, d.b.a. LaPerla Cafe ("Pompa" or "defendant") filed a notice of appeal to this court from a default judgment entered by the trial court. Respondent/plaintiff/appellee Gabriel Encinas ("Encinas" or "plaintiff") and his wife moved to dismiss the appeal for lack of jurisdiction because Pompa failed to comply with A.R.S. section 13-2314(M). Pompa then filed a combination response to the motion to dismiss and petition for special action seeking dismissal of the case at the trial court level for lack of jurisdiction because Encinas failed to comply with A.R.S. section 13-2314.04(H). In an earlier order, we denied Encinas's motion to dismiss the appeal, accepted jurisdiction of Pompa's special action, and denied relief. We now explain our decisions.
BACKGROUND
While working for Pompa at LaPerla Cafe, Encinas sustained an on-the-job injury . When Encinas realized that Pompa provided no workers' compensation benefits and may have filed false wage and tax statements, Encinas filed a complaint alleging gross negligence, conspiracy to commit tax fraud and workers' compensation fraud, and state RICO violations arising from the fraud claims.
Encinas's attorney sent demand letters to Pompa stating that if a settlement could not be reached, a copy of the complaint would be sent to the Arizona Attorney General's office as required by A.R.S. section 13-2314.04(H). Three months later a copy of Encinas's complaint was received in the Consumer Protection and Antitrust Section of the attorney general's office, and the action proceeded.
The trial court ordered Pompa to produce work-related documents; he refused. Consequently, the court struck Pompa's answer and granted Encinas a default judgment on his RICO claim only. The court found Encinas's personal injury claim was precluded by his acceptance of workers' compensation benefits under A.R.S. section 23-1024(A). The court awarded treble damages of $475,539.63 on the RICO claim.
Discussion
A. Special Action Jurisdiction
Acceptance of special action jurisdiction is highly discretionary. Ariz. R. Proc. Spec. Act. 3, State Bar Comm. note; King v. Superior Court, 138 Ariz. 147, 149, 673 P.2d 787, 789 (1983); State ex rel. McDougall v. Superior Court, 172 Ariz. 153, 155, 835 P.2d 485, 487 (App. 1992). Jurisdiction is generally accepted only in those cases in which "Justice cannot be satisfactorily obtained by other means." King, 138 Ariz. at 149, 673 P.2d at 789; see also Harris Trust Bank of Ariz. v. Superior Court, 188 Ariz. 159, 1996 Ariz. App. LEXIS 191, 224 Ariz. Adv. Rep. 78, 79, 933 P.2d 1227 (App. Sept. 5, 1996).
We accept jurisdiction for several reasons. The issue here is purely one of law, and therefore special action jurisdiction is appropriate. Cardon v. Cotton Lane Holdings, Inc., 173 Ariz. 203, 210, 841 P.2d 198, 205 (1992). Also, the case raises a constitutional issue. See Fairness and Accountability in Ins. Reform v. Greene, 180 Ariz. 582, 586, 886 P.2d 1338, 1342 (1994). Moreover, acceptance of special action jurisdiction serves the interests of judicial economy. Harris Trust Bank, 224 Ariz. Adv.
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