01/22/2018 — LC2017000393 ASSOCIATION, BARCELONA CONDOMINIUM 01/22/2018 HONORABLE PATRICIA ANN STARR View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Filed ***
01/25/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2017-000393-001 DT
01/22/2018
Docket Code 019
Form L000
Page 1
CLERK OF THE COURT
HONORABLE PATRICIA ANN STARR
C. Avena
Deputy
BARCELONA CONDOMINIUM
ASSOCIATION
CHAD M GALLACHER
v.
NICK XENOS (001)
KATHY XENOS (001)
F ROBERT CONNELLY II
MCDOWELL MOUNTAIN JUSTICE
COURT
REMAND DESK-LCA-CCC
MINUTE ENTRY
Lower Court Case No. CC2016-058901
The Court has considered the Motion to Dismiss Defendants’ Untimely Appeal filed by
Appellee Barcelona Condominium Association (“the Association”) and the Response filed by
Appellants Nick and Kathy Xenos (“Appellants”).
The parties do not dispute that the trial court entered an order denying Appellants’
Motion to Vacate and Set Aside Judgment and for New Trial on May 4, 2017, but did not mail it
to the parties until June 1, 2017. Appellants filed their Notice of Appeal on June 14, 2017, 13
days later.
Under the applicable rule, a notice of appeal must be filed within 14 calendar days after
entry of the order. Rule 4, Superior Court Rules of Appellate Procedure – Civil. According to
the Association, the appeal must therefore be dismissed.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2017-000393-001 DT
01/22/2018
Docket Code 019
Form L000
Page 2
But that argument ignores the fact that Appellants did not know that the trial court had
denied their motion until the trial court sent notice to them.
A party should be able to rely upon the mail for notice and should not be required
to contact the Justice of the Peace every day to ascertain if judgment has been
entered. We believe that upon a proper showing that notice of judgment was
received so late as to make appeal within the statutory time limit impossible, that
the Superior Court could relieve the appealing party from strict application of the
[time limit].
DNB Const., Inc. v. Superior Court, 125 Ariz. 61, 63 (1980).
Based on the foregoing,
IT IS ORDERED denying the Motion to Dismiss the appeal.
IT IS FURTHER ORDERED signing this minute entry as a formal order of the Court.
/s/ Patricia A. Starr
THE HON. PATRICIA A. STARR
JUDGE OF THE SUPERIOR COURT
NOTICE: LC cases are not under the e-file system. As a result, when a party files a docu-
ment, the system does not generate a courtesy copy for the Judge. Therefore, you will have to
deliver to the Judge a conformed courtesy copy of any new filings.
02/05/2018 — LC2017000393 ASSOCIATION, BARCELONA CONDOMINIUM 02/05/2018 HONORABLE PATRICIA ANN STARR View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/06/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2017-000393-001 DT
02/05/2018
Docket Code 022
Form L000
Page 1
CLERK OF THE COURT
HONORABLE PATRICIA ANN STARR
C. Avena
Deputy
BARCELONA CONDOMINIUM
ASSOCIATION
CHAD M GALLACHER
v.
NICK XENOS (001)
KATHY XENOS (001)
F ROBERT CONNELLY II
MCDOWELL MOUNTAIN JUSTICE
COURT
REMAND DESK-LCA-CCC
ORDER SIGNED
The Court has received and considered the parties’ Notice of Satisfaction of Judgment
and Stipulation to Dismiss Appeal, filed on January 31, 2018. Accordingly,
IT IS ORDERED granting the parties’ stipulation, in accordance with the formal written
Order signed by the Court on February 5, 2018 and entered (filed) by the Clerk on February 5,
2018.
Please note: The Court has signed a hard-copy version of the order provided. After the
order has been scanned and docketed by the Clerk of Court, copies of this order may be available
through ECR Online at clerkofcourt.maricopa.gov or through AZTurboCourt.gov and from the
Public Access Terminals at the Clerk of Court’s offices located throughout Maricopa County.
NOTICE: LC cases are not under the e-file system. As a result, when a party files a docu-
ment, the system does not generate a courtesy copy for the Judge. Therefore, you will have to
deliver to the Judge a conformed courtesy copy of any new filings.
03/08/2018 — LC2017000393 ASSOCIATION, BARCELONA CONDOMINIUM 03/08/2018 HONORABLE PATRICIA ANN STARR View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Filed ***
03/14/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
LC2017-000393-001 DT
03/08/2018
Docket Code 506
Form L000
Page 1
CLERK OF THE COURT
HONORABLE PATRICIA ANN STARR
C. Avena
Deputy
BARCELONA CONDOMINIUM
ASSOCIATION
CHAD M GALLACHER
v.
NICK XENOS (001)
KATHY XENOS (001)
F ROBERT CONNELLY II
MCDOWELL MOUNTAIN JUSTICE
COURT
REMAND DESK-LCA-CCC
MINUTE ENTRY
Lower Court Case No. CC2016-058901
IT IS ORDERED remanding this matter to the McDowell Mountain Justice Court for all
further appropriate proceedings.
/s/ Patricia A. Starr
THE HON. PATRICIA A. STARR
JUDGE OF THE SUPERIOR COURT
NOTICE: LC cases are not under the e-file system. As a result, when a party files a docu-
ment, the system does not generate a courtesy copy for the Judge. Therefore, you will have to
deliver to the Judge a conformed courtesy copy of any new filings.
