POMPA v. SUPERIOR COURT IN & FOR MARICOPA

No. 1 CA-SA 96-0300.

187 Ariz. 531 (1997)

931 P.2d 431

Joseph R. POMPA, d.b.a. La Perla Cafe, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, The Honorable Michael D. Jones, a judge thereof, Respondent Judge, and Gabriel ENCINAS, et ux., Real Parties in Interest.

Court of Appeals of Arizona, Division 1, Department A.

January 30, 1997.


Attorney(s) appearing for the Case

Coppersmith & Gordon, P.L.C. by Andrew S. Gordon and Randall H. Warner, Phoenix, and Richard J. Trujillo, Phoenix, for Petitioner.

Law Office of Fredrick D. Merrill by Fredrick D. Merrill, Phoenix, for Real Parties in Interest.


OPINION

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...

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