Broadway
v.
McCuin

This case is not covered by Casetext's citator
ARIZONA COURT OF APPEALS DIVISION TWONov 6, 2018
No. 2 CA-CV 2018-0096-FC (Ariz. Ct. App. Nov. 6, 2018)

No. 2 CA-CV 2018-0096-FC

11-06-2018

KIKSHANA R. BROADWAY, Petitioner/Appellant, and DEWAYNE MCCUIN, Respondent/Appellee.

Kikshana R. Broadway In Propria Persona


THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES.
NOT FOR PUBLICATION
See
Ariz. R. Sup. Ct. 111(c)(1); Ariz. R. Civ. App. P. 28(a)(1), (f).

Appeal from the Superior Court in Pima County
No. SP20121071
The Honorable Scott Rash, Judge

APPEAL DISMISSED

Kikshana R. Broadway
In Propria Persona

MEMORANDUM DECISION

Chief Judge Eckerstrom authored the decision of the Court, in which Presiding Judge Staring and Judge Espinosa concurred.

ECKERSTROM, Chief Judge:

¶1 Kikshana Broadway appeals from the trial court's order concerning legal decision-making and parenting time. Because we do not have jurisdiction, we dismiss her appeal.

¶2 We have "an independent duty to examine whether we have jurisdiction over matters on appeal." Camasura v. Camasura, 238 Ariz. 179, ¶ 5 (App. 2015). With limited exceptions, this court's jurisdiction is restricted to appeals from final judgments disposing of all claims as to all parties. See In re Marriage of Johnson and Gravino, 231 Ariz. 228, ¶ 5 (App. 2012); see also A.R.S. § 12-2101(A)(1). "When more than one claim for relief is presented in an action, whether as a claim[ or] counterclaim, . . . the court may direct the entry of final judgment as to . . . fewer than all of the claims . . . only upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment." Ariz. R. Fam. Law P. 78(B); see Natale v. Natale, 234 Ariz. 507, ¶ 9 (App. 2014).

¶3 Here, the trial court's February 2018 order from which Broadway appeals did not resolve all the claims before it. Rather, the ruling states, "Even as the Court prepares this parenting plan, [McCuin] has filed another Motion to Enforce . . . [a] prior Order." Moreover, the court did not determine that no just reason for delay existed and did not direct the entry of judgment. See Ariz. R. Fam. Law P. 78(B). Because the February 2018 order from which Broadway appeals was not final, we do not have jurisdiction and dismiss her appeal.