Wilkinson v. Fabry
In Wilkinson v. Fabry, 177 Ariz. 506, 869 P.2d 182 (App. 1992) the Court considered a civil notice of appeal that had been erroneously filed in the court of appeals instead of in the superior court.
The Wilkinson court applied ARCAP 4(a) to hold that a notice of appeal filed within the thirty-day appeal period, but inadvertently filed in the wrong court, is still timely. Id. at 507, 869 P.2d at 183.
ARCAP 4(a) provides in pertinent part:
No papers received by the clerk within the time fixed for filing which if untimely filed would render the case, appeal or petition subject to dismissal by the appellate court for jurisdictional reasons, shall be refused by the clerk solely for the reason that they were not tendered for filing in the proper court or division. Rather, such papers shall be transmitted by the clerk to the proper court or division and shall be deemed timely filed.
This rule mirrors the language found in A.R.S. 12-120.22.B:
No case, appeal or petition for a writ brought in the supreme court or court of appeals shall be dismissed for the reason only that it was not brought in the proper court or division, but it shall be transferred to the proper court or division.