Cited by

¶ 35 (App. 2014) (“Having successfully persuaded the court to follow this approach, he cannot now argue it was erroneous.”).

The party invoking judicial estoppel must show three requirements: “(1) the parties must be the same, (2) the question involved must be the same, and (3) the party asserting the inconsistent position must have been successful in the prior judicial proceeding.” ¶ 27 (App. 2014) (citation modified).

-19 ¶¶ 5-10 (App. 2014) (holding we lack jurisdiction where amended notice of appeal is untimely).

(“[T]he timely filing of a notice of appeal is a jurisdictional prerequisite to appellate review.”); ¶ 5 (App. 2014) (“[T]his court only acquires jurisdiction over those matters identified in a timely filed notice of appeal.”); ARCAP 8(d) (“Failure of an appellant or cross-appellant to perform an act other than the timely filing a notice of appeal or cross-appeal does not affect the appellate court’s jurisdictio

See ARCAP 9(a); ¶ 5 (App. 2014) (“The failure to file a notice within thirty days deprives the appellate court of jurisdiction except to dismiss the attempted appeal.”).

See ARCAP 9(a); ¶ 5 (App. 2014).

Compare id., with ¶ 27 (App. 2014) (“Judicial estoppel prevents a party who has assumed a particular position in a judicial proceeding .

§ 25- 211(A)(1) (treating gifted property as sole and separate property); ¶ 21 (App. 2014) (affirming family court’s authority to order return of party’s sole and separate property).

ARCAP 9(a); ¶ 5 (App. 2014) (“[T]his court only acquires jurisdiction over those matters identified in a timely filed notice of appeal.”) ().

§ 25-318(A), (E) (2008); ¶ 17 (App. 2014) (noting Weaver's use of "the term 'jurisdiction' in a broader, now antiquated, sense actually referring to courts' authority under the specific controlling statute rather than subject-matter jurisdiction").

Co. of Ariz., ¶ 18 (App. 2007) (“[A]rguments raised for the first time on appeal are untimely and deemed waived.”); ¶ 27 (App 2014) (judicial estoppel prevents a party from taking different factual positions in different phases of litigation).

Decision of the Court Thorn, ¶ 5 (App. 2014) (“[T]his court only acquires jurisdiction over those matters identified in a timely filed notice of appeal.”).

¶¶ 17-18 (App. 2014) (distinguishing Weaver and concluding that subject matter jurisdiction is not “coterminous” with the family court’s authority to act pursuant to the marital statutes).

¶ 5 (App. 2014) (“[T]his court only acquires jurisdiction over those matters identified in a timely filed notice of appeal.”)

ARCAP 9(a); ¶ 5 (App. 2014).

App. P. (“ARCAP”) 9(a) (appeal must be filed no later than 30 days from entry of final judgment); ¶ 5 (App. 2014) (timely notice of appeal is prerequisite to jurisdiction).

Subject matter jurisdiction “refers to a court’s statutory or constitutional power to hear and determine a particular case.” In re 5 STROBEL, ¶ 17 (App. 2014) ( ¶ 14 (2010)).