Appeal: Amended Notice of Appeal Raising New Issue Untimely
In re the Marriage of Stuart Thorn, __ Az App. __ No. 2 CA-CV 2014-0022 (App. Div II, July 17, 2014) (J. Miller)
APPELLATE COURT LACKS JURISDICTION TO HEAR ISSUE RAISED FOR THE FIRST TIME IN AN UNTIMELY FILED AMENDED NOTICE OF APPEAL
Husband filed a timely notice of appeal from the trial court's judgment regarding division of property. Thirty five days after the entry of judgment he filed an amended notice of appeal, stating for the first time that the trial court erred in awarding all community personal property to the wife without an equalization payment. Rule 9(a), Ariz. R. Civ. App. P., requires a notice of appeal be filed “not later than 30 days after the entry of the judgment from which the appeal is taken.” The Arizona Court of Appeals held that while a timely filed amended notice of appeal is encouraged when the original notice was filed prematurely (rendering it a nullity), if the amendment is filed more than thirty days after judgment, the appellate court is without jurisdiction to hear issues raised for the first time in the amended notice.