Hegel v. O'Malley Insurance Co
In Hegel v. O'Malley Insurance Co., 117 Ariz. 411, 411, 573 P.2d 485, 485 (1977), the court addressed the issue of "whether a motion styled 'Motion to Vacate' with a reference to Rule 59(a), Ariz. R. Civ. P., in the text is sufficient to toll the appeal time under former Rule 73(b)."
The court held that irrespective of the title of a motion, if its substance shows clearly that it seeks relief under Rule 59(a) on the grounds set forth in that rule with appropriate reference to the rule as authority for the motion, the motion must be treated as a motion for new trial under Rule 59(a), thereby "tolling the running of the appeal time." 117 Ariz. at 412, 573 P.2d at 486.
In so holding, the court in Hegel stated, "any suggestion to the contrary in Slonsky is overruled." 117 Ariz. at 412, 573 P.2d at 486.