Schultz v. Hinshaw

In Schultz v. Hinshaw, 18 Ariz. App. 557, 557-58, 504 P.2d 498, 498-99 (1972), the Court reviewed whether the lower court has jurisdiction to strike a notice of appeal, thereby dismissing the appeal. 18 Ariz. App. at 557-58, 504 P.2d at 498-99. The Court found that directly dismissing the notice of appeal interfered with the appeal, which is not allowed under In re Lopez, 97 Ariz. 328, 330-31, 400 P.2d 325, 326 (1965). Id. at 557, 504 P.2d at 498; see Lopez, 97 Ariz. at 331, 400 P.2d at 326-27. But the Court held that as long as the court was not striking the notice of appeal, the court may determine its own jurisdiction if the issue of jurisdiction is clear. Schultz, 18 Ariz. App. at 557-58, 504 P.2d at 498-99. But if the issue of jurisdiction is "'fairly debatable'" the court "'should wait for this court to rule.'" Id.