§ 3.4.3 The Effect of Filing An Appeal.

• Jurisdiction: Arizona

§ 3.4.3 The Effect of Filing An Appeal. Once a notice of appeal has been filed, the superior court generally loses jurisdiction to decide any issues or enter any orders, except those in aid of the appeal, see Aqua Mgmt., Inc. v. Abdeen, 224 Ariz. 91, 93 n.3, ¶ 7, 227 P.3d 498, 500 n. 3 (App. 2010); Atkinson v. Atkinson, 2 Ariz. App. 1, 5, 405 P.2d 919, 923 (1965), or to permit depositions to perpetuate the testimony of witnesses pursuant to R. Civ. P. 27(b), see Holm Dev. & Mgmt., Inc. v. Superior Court (Stevens/Leinweber/Sullens, Inc.), 161 Ariz. 376, 380, 778 P.2d 1272, 1276 (App. 1989). See also § 3.3.1.4 (fee awards after judgment). Accordingly, the trial court lacked jurisdiction to consider a motion for relief from judgment where the moving party had filed a notice of appeal and had not requested and obtained a stay or dismissal of the pending appeal. See City of Sierra Vista v. Sierra Vista Wards Sys. Voting Project, 229 Ariz. 519, 521 n.3, ¶ 6, 278 P.3d 297, 299 n.3 (App. 2012).

However, the trial court retains jurisdiction to proceed if the order appealed from is not an appealable order, for example, the denial of a motion for summary...