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How can a unsigned minute entry by a superior court be appealed when only signed minute entries are appealable

Phoenix, AZ |

The appeal court will only review signed minute entries, the time to file an appleal begins when the minute entry in entered, if the minute entry is not signed the review can not take place untill it is signed. The rule seems backward. The appeal time should begin when the minute entry is signed not when it is entered. I don't understand why the minute entry would not be signed when it is written. Will the appeal court consider an appeal after the minute entry is signed , but after thirty day after the entry of the minute entry .

Attorney Answers 4

Posted

Under Rule 58, a judgment becomes effective (and the time to appeal starts running) when it has been put in writing, signed and filed with the Clerk. Lamb v Superior Court. A minute entry which satisfies these requirements is an appealable judgment from the time it is filed with the Clerk. Focal Point v Court of Appeals.

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This kind of question indicates the perils of pro se litigation. You should consult a local divorce attorney ASAP. The cost of the consultation will be less than the cost of a mistake.

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At this point, you need to discuss with an appellate lawyer in your area.

You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family & criminal law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-377-6828. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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You need an attorney who specializes in appeals.

Legal disclaimer: In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.

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