ARS Section 12-2101 Interpretation

In Bilke v. State, 206 Ariz. 462, 80 P.3d 269 (2003), the Arizona Supreme Court considered the previous version of the provision, then found at 12-2101(G), see 1973 Ariz. Sess. Laws ch. 75, 10, and held that "interlocutory judgments can be appealed under 12-2101(G) when the trial judge has signed an order that contains language indicating that the judgment is a final determination of the rights of the parties and the only remaining issue is the amount of recovery." 206 Ariz. 462,1, 80 P.3d at 270. Section 12-2101(G) has been renumbered 12-2101(A)(6). See 2011 Ariz. Sess. Laws ch. 304, 1. Apart from a minor grammatical difference, the two provisions are identical. Id. The court explained that "appealability under 12-2101(G) turns not on the finality of the judgment, but on the finality of the liability decision and the trial court's discretionary finding that an appeal should lie in the particular case" and suggested that "Rule 54(b) certification, while not necessary, would satisfy the finality requirement." Id. 23.