Davis v. Cessna Aircraft Corp.5/16/1991
36 P.2d 89, 90 (1981); Stevens v. Mehagian's Home Furnishings, Inc., 90 Ariz. 42, 43, 365 P.2d 208, 209 (1961). The general rule is that an appeal lies only from a final judgment. E.g., Musa, 130 Ariz. at 312, 636 P.2d at 90; Sisemore v. Farmers Ins. Co. of Arizona, 161 Ariz. 564, 565, 779 P.2d 1303, 1304 (App. 1989); see also A.R.S. ยง 12-2101(B) (permitting appeal from final judgment). We conclude that we lack jurisdiction in this case because the order of dismissal was not a final judgment in this case.
After the adoption of the rules of civil procedure liberalizing multi-claim and multi-party litigation, Rule 54(b), A.R.Civ.P., was promulgated to relieve parties of the delay caused by the ongoing litigation of other claims. The rule allows a trial court to certify finality to a judgment which disposes of one or more, but not all, of the multiple claims, if the court determines that there is no just reason for delay and directs the entry of judgment. See Stevens, 90 Ariz. at 44, 365 P.2d at 210. However, Rule 54(b) did not change the rule against deciding appellate cases in a piecemeal fashion. Marshall v. Williams, 128 Ariz. 511, 513, 627 P.2d 242, 244 (App. 1981)
By thus forbidding certification of an order dismissing fewer than all of a party's legal theories based on the same transaction, the courts leave open the possibility that the party will still be awarded relief, an event that would render unnecessary an appellate determination on the dismissal; this possibility disappears where no alternative theory for relief remains. . . . In addition to eliminating unnecessary appeals, [this approach] avoids appellate review of the same evidence on more than one appeal.
Id. at 513-14, 627 P.2d at 244-45, quoting Page v. Preisser, 585 F.2d 336, 339 (8th Cir. 1978), quoting in turn, Note, Appealability in the Federal Courts, 75 Harv. L. Rev. 351, 360-61 (1961); see Musa, 130 Ariz. at 312, 636 P.2d at 90. In other words, Rule 54(b) is a compromise between the rule against deciding appeals in a piecemeal fashion and the desirability of having a final judgment in some situations with multiple claims or parties. E.g., Pulaski v. Perkins, 127 Ariz. 216, 218, 619 P.2d 488, 490 (App. 1980).
Before a trial court may certify a judgment under Rule 54(b), it must find that the judgment is final, that is, "an ultimate disposition of an individual claim." Sears, Roebuck & Co. v. Mackey, 351 U.S. 427, 435 (1956). This determination by the trial court is reviewed de novo. Indiana Harbor Belt R. Co. v. American Cyanamid, 860 F.2d 1441, 1444 (7th Cir. 1988) (citing Curtiss-Wright Corp. v. General Electric Co., 446 U.S. 1, 7-8 (1980)). A trial court's Rule 54(b) certification does not give this court jurisdiction to decide an appeal if the judgment in fact is not final, i.e., did not dispose of at least one separate claim of a multi-claim action. E.g., Sisemore, 161 Ariz. at 565, 779 P.2d at 1304; Musa, 130 Ariz. at 313, 636 P.2d at 91.
A party has multiple claims if the factual basis for recovery states different claims that could be separately enforced. E.g., Continental Casualty v. Superior Court, 130 Ariz. 189, 191, 635 P.2d 174, 176 (1981); Title Ins. Co. of Minnesota v. Acumen Trading Co., 121
Page 1 2 3 4 Arizona Personal Injury Attorneys
Personal Injury Lawyers
|