SMITH v. ARIZONA DEPARTMENT OF CORRECTIONS

No. 2 CA-CIV 4181.

135 Ariz. 160 (1982)

659 P.2d 1305

Michael SMITH, Appellant, v. ARIZONA DEPARTMENT OF CORRECTIONS, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied January 17, 1983.

Review Denied March 1, 1983.


Attorney(s) appearing for the Case

Charles L. Weninger, Tucson, for appellant.

Robert K. Corbin, Atty. Gen. by Alexander G. Duncan, III, Asst. Atty. Gen., Tucson, for appellee.


OPINION

HATHAWAY, Judge.

The sole issue on this appeal is whether the superior court lacked jurisdiction over the subject matter of the appellant's appeal because he failed to timely file his notice of appeal in the time specified by A.R.S. § 41-785(D). Appellant contends that five days were added to the period of appeal by Rule 6(e), Arizona Rules of Civil Procedure, since service was by mail. We disagree.

Appellant, an employee of the Arizona...

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