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Upton v. Cochise Cty. Bd. of Adjustment, Dist. 1

Court of Appeals of Arizona, Division Two
Jan 11, 1979
589 P.2d 481 (Ariz. Ct. App. 1979)

Summary

In Upton v. Cochise County Board of Adjustment, District 1, 121 Ariz. 238, 239, 589 P.2d 481, 482 (App. 1979), we applied Rule 6(a) to extend the thirty-day time period for appeal to the superior court from a county board of adjustment decision so that it expired on a Monday, as opposed to a Saturday.

Summary of this case from Freelance Interpreting Services v. State

Opinion

No. 2 CA-CIV 3019.

January 11, 1979.

Appeal from the Superior Court, Cochise County, Cause No. 34212, Lloyd C. Helm, J.

Gary W. Ramaeker, Sierra Vista, for plaintiff/appellant.

Beverly H. Jenney, Cochise County Atty. by William B. Blaser, Deputy County Atty., Bisbee, for defendant/appellee.


OPINION


Appellant commenced an appeal in superior court from a decision of the Cochise County Board of Adjustment pursuant to A.R.S. § 11-807, which requires that such an appeal be filed "within thirty days." Because the 30th day fell on Saturday, appellant filed on the following Monday. The court dismissed the appeal as untimely.

Time for commencing an action in superior court is computed under 16 A.R.S. Rules of Civil Procedure, rule 6(a), which provides that the last day of a period shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday. Salzman v. Morentin, 116 Ariz. 79, 567 P.2d 1208 (App. 1977). Inasmuch as the last day for appellant to file his appeal was a Saturday, his filing the following Monday was not untimely.

Reversed and remanded.

HOWARD and HATHAWAY, JJ., concur.


Summaries of

Upton v. Cochise Cty. Bd. of Adjustment, Dist. 1

Court of Appeals of Arizona, Division Two
Jan 11, 1979
589 P.2d 481 (Ariz. Ct. App. 1979)

In Upton v. Cochise County Board of Adjustment, District 1, 121 Ariz. 238, 239, 589 P.2d 481, 482 (App. 1979), we applied Rule 6(a) to extend the thirty-day time period for appeal to the superior court from a county board of adjustment decision so that it expired on a Monday, as opposed to a Saturday.

Summary of this case from Freelance Interpreting Services v. State

applying Rule 6 to A.R.S. § 11-807 to extend the thirty-day time period for the appeal of a county board of adjustment decision to the superior court when the thirtieth day fell on a Saturday

Summary of this case from State v. Cabrera

applying Rule 6 to extend the statutory thirty-day deadline for superior court appeals from Board of Adjustment rulings

Summary of this case from Thielking v. Kirschner
Case details for

Upton v. Cochise Cty. Bd. of Adjustment, Dist. 1

Case Details

Full title:Anthony H. UPTON, Plaintiff/Appellant, v. The COCHISE COUNTY BOARD OF…

Court:Court of Appeals of Arizona, Division Two

Date published: Jan 11, 1979

Citations

589 P.2d 481 (Ariz. Ct. App. 1979)
589 P.2d 481

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