Q: In response to a state courts’ granting defendants’ motion to dismiss my breach of contract action
I had timely filed a motion for reconsideration some 2 months ago, and while I intend to appeal that ruling (assuming that my mo. for reconsider. Fails), however because the court hasn’t responded to my mo. for consider. nor issued a judgment in the action, I cannot file a Notice of Appeal, and so my question is: does the court have an indefinite amt. of time in which to issue judgment and/or respond to my motion?
A:
You are going to need to review Rule 7.1 of the Arizona Rules of Civil Procedure and Rule 9 of the Rules of Civil Appellate Procedure. The latter controls the filing deadline for an appeal, and lists the specific types of motions that toll or extend the appeals due date. That list does NOT include Rule 7.1 motions, and Rule 7.1(e)(3) specifically provides that a motion for reconsideration doesn't count as one of the motions under Rule 9 and doesn't extend the appeal deadline.
So, you need to confirm if your motion was actually a motion for reconsideration, covered by Rule 7.1, and not some other kind of motion in light of the above.
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