Sabacco v. Coastal

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NOTICE: THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24 DIVISION ONE FILED: 06-15-2010 PHILIP G. URRY,CLERK BY: GH IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE SABACCO, LLC, an Arizona limited liability company, ) ) ) Defendant/Cross-Claimant/ ) Counterdefendant/Appellee, ) ) v. ) ) COASTAL CONSTRUCTION FRAMING, ) LLC, an Arizona limited ) liability corporation, ) ) Defendant/Cross-Defendant/ ) Counterclaimant/Appellant. ) __________________________________) 1 CA-CV 09-0056 Maricopa County Superior Court No. CV 2006-015739 Department D Decision Order The court, Judges Patricia A. Orozco, Diane M. Johnsen, and Jon W. Thompson participating, has received and considered the opening brief, the answering brief, the reply brief and the record on appeal as well as the arguments made by the parties at oral argument. We have an independent duty to review for jurisdiction, and if jurisdiction is lacking to dismiss the appeal. Adrian, 130 Ariz. 311, 312, 636 P.2d 89, 90 (1981). Musa v. After a review of the record, we find that the trial court erred in using Rule 54(b), Ariz. R. Civ. P., language. See Davis v. Cessna Aircraft Corp., 168 Ariz. 301, 304, 812 P.2d 1119, 1122 (App. 1991). 54(b) We owe no deference to the trial court s Rule certification. ultimately dispose of Id. any Because individual this appeal claim, and will we do not not proceed on an appeal piecemeal, we dismiss this appeal for lack of jurisdiction. See id. (citing Sears, Roebuck & Co. Mackey, 351 U.S. 427, 436 (1956)). IT IS THEREFORE ORDERED dismissing this matter. /s/ __________________________ JON W. THOMPSON, Judge 2 v.

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