Soto v. Sacco – 5/19/2016
Arizona Court of Appeals Division One holds that an order granting a Rule 59(i) motion for remittitur must be signed to be appealable.
The Court of Appeals confirmed that the passenger timely filed an appeal. Ariz. R. Civ. P. 59(i) states that if a party rejects a remittitur, the order granting a new trial is effective from the date the trial court established for the party to provide notice of accepting or rejecting the remittitur. Noting that the deadline set by the trial court was November 25, 2015, the Court further explained that a party cannot appeal an unsigned minute entry granting or denying a motion for new trial. Thus, regardless of Rule 59(i)’s self-executing nature, the appeal was timely because the passenger filed the appeal within 30 days of the signed December 17 minute entry order, the only signed order resolving the motion for a new trial.
Judge Downie authored the opinion; Presiding Judge Gould and Judge Gemmill concurred.