Motion Dismissal Appeal Process

Summary

In Arizona, you can file a motion to reconsider or an appeal even if a case is dismissed with prejudice. Specific forms like Notice of Appeal and Civil Appeals Docketing Statement are required. Consult a local attorney for guidance.

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I filed a motion to dismiss because the arbitrator in a Private Arbitration case was biased and the Opposing Attorney committed fraud. The Arbitrator would not recuse and ignored me. He made a judgment. I filed a motion to dismiss with the Civil Court. the judge ruled in his favor because i didn't send enough paperwork. I followed AZ law. Now there is an order with prejudice for my Counterclaims. How do i dispute that i should be able to sue for his *% Guarantee.
Hello Monika. In AZ, you can file a motion to reconsider or an appeal. However, it's best to consult with a lawyer to understand your options better. May I know which city in AZ you're in, to recommend a local lawyer?
Phoenix
Hello Monika. In Phoenix, you can:
- File an appeal within 30 days from the decision.
- File a motion for reconsideration within 15 days from the decision.
You may also consult with a local attorney for better guidance. In Phoenix, a good starting point could be the Maricopa County Bar Association.
I thought with prejudice was final? I can still file an appeal?
Yes, Monika. Despite a dismissal "with prejudice," you can still file an appeal. This is because an appeal challenges the legal correctness of the court's decision, not the merits of the case.
Are there certain forms?
Yes, Monika. To file an appeal in Phoenix, you'll need to use specific forms like "Notice of Appeal" and "Civil Appeals Docketing Statement". These are available online on the Arizona Judicial Branch's website.
Thank you.
You're welcome, Monika. If you have any more questions or need further clarification, don't hesitate to ask. I'm here to help. Good luck with your legal journey.