Anderson v. Pickrell
Cited by
- Robert Wallace v. Hon. James D. smith/cruz 532 P.3d 752 Ariz. 2023
- Duff v. Lee 439 P.3d 1199 Ariz. Ct. App. 2019
- Bobrow v. Herrod Ex Rel. County of Maricopa 367 P.3d 84 Ariz. Ct. App. 2016
- State of Arizona Ex Rel R Romley v. Hon Ballinger 97 P.3d 101 Ariz. 2004
- Bergeron Ex Rel. Perez v. O'NEIL 74 P.3d 952 Ariz. Ct. App. 2003
- Jennifer L. Bergeron v. Hon. Colin Campbell Ariz. Ct. App. 2003
- In re the Appeal in Maricopa County Juvenile Action No. JV131701 904 P.2d 1305 Ariz. Ct. App. 1995
- Espinoza v. Martin 894 P.2d 688 Ariz. 1995
- Campbell v. Superior Court 871 P.2d 740 Ariz. Ct. App. 1994
- Bruce Church, Inc. v. Superior Court 774 P.2d 818 Ariz. Ct. App. 1989
- State v. City Court of City of Tucson 722 P.2d 267 Ariz. 1986
- Ring v. State Farm Mutual Automobile Insurance 708 P.2d 457 Ariz. Ct. App. 1985
Authorities cited
Identified automatically; this list may not be exhaustive.
- State v. Blazak 462 P.2d 84
Opinion text
STRUCKMEYER, Vice Chief Justice. This special action arises out of a petition for divorce filed by Sharon M. Anderson against her husband, Robert V. Anderson, in the Superior Court of Maricopa County. Following the entry of judgment, the Superior Court entered an order finding that Sharon M. Anderson would not be financially able to give a supersedeas bond to stay execution of the judgment and granted her motion to stay pending the appeal upon “filing a written understanding with the Court in place of supersedeas bond.” Robert V. Anderson then brought this special action here, asserting that the stay upon written understanding in place of a supersedeas bond is in excess of the Superior Court’s authority. The order of the Superi- or Court staying the execution of the judgment in Cause No. DR 50394 of the Maricopa County Superior Court is vacated. The function of a supersedeas is, of course, to stay the enforcement of a judgment or decree of court brought up on appeal. Its effect is to restrain a party and the lower court from taking affirmative action to enforce the judgment or decree. While an appeal with proper supersedeas stays the execution of the judgment, it does not detract from its decisiveness and finality. Huron Holding Corp. v. Lincoln Mine Operating Co., 312 U.S. 183 , 61 S.Ct. 513 , 85 L.Ed. 725 (1941). This Court by the Constitution of Arizona, Art. 6, § 5, subsec. 5, has the “Power to make rules relative to all procedural matters in any court.” This power may not be supplemented, annulled or superseded by an inferior court such as the Superior Court or respondent judge. See State v. Blazak, 105 Ariz. 216 , 462 P.2d. 84 (1969). By rule, this Court has provided how a judgment is stayed on appeal. Rule 62(d), Rules of Civil Procedure, 16 A.R.S., provides: “When an appeal is taken the appellant by giving a supersedeas bond may obtain a stay * * Rule 62(d) is the only way by which an appellant may stay a judgment of the Superior Court while an appeal is pending. There is no provision whatsoever by which the Superior Court may stay an execution of a judgment on filing a written understanding in place of the supersedeas bond provided by Supreme Court Rule 62(d). The order in Cause No. DR 50394 of the Superior Court in and for the County of Maricopa staying the execution of its judgment is set aside and vacated. CAMERON, C. J., and HAYS, HOLO-HAN and GORDON, JJ., concur.