Appeal? how so? I filed a timely appeal, which was arbitrarily dismissed for no reason whatsoever. I filed the appeal, posted the supersedes bond and was awaiting the transcripts from the hearing so that I could file them with the Superior Court along with my brief but the Justice Court didn't produce the transcript and instead dismissed my appeal at the same time they lifted the stay for the writ of execution. Even though the Arizona Rules for procedure of eviction (specifically, Rule 17b (2) states that failure to comply with conditions set by the court while remaining in possession pending an appeal shall NOT be cause for the dismissal of the appeal:
(2) Rent Pending Appeal. If the appellant wants to remain in possession of the premises while the appeal is pending, the appellant must pay to the clerk of the court any rent due and continue paying to the clerk additional rent as it becomes due during the appeal. Failure of the appellant to pay any rent due as it accrues is cause for the appellee to seek an order allowing it to enforce a writ of restitution, but shall not be cause for the dismissal of the appeal. In this event, the appeal will proceed despite the appellant's loss of possession of the premises while it is pending.
(Supreme Court No. R-07-0023 Page 17)
How is it then, that my appeal was dismissed at the same time the stay was lifted?
So what was your reason for asking me if the rental due date stipulated in the lease was actually ON the third, or was it on the first and considered late by the third? does that really make a difference if I don't have a case?
And what's the point of writing a statute that says the rent is to be paid to the court in accordance with the rental agreement if the court is gonna have you pay it when THEY want you to pay it regardless of what any statute says? And why is there no repercussions when these statutes aren't followed? The statutes set out all these rules that should be followed but don't stipulate any consequences when they're not. YET, it CLEARLY stipulates in these same statutes, consequences for the tenant when THEY don't adhere to rules set forth in the statutes.
Here's an example:
12-1178 A defendant who is lawfully served with a writ of restitution and who remains in or returns to the dwelling unit, as defined in section 33-1310, without the express permission of the owner of the property commits criminal trespass in the third degree pursuant to section 13-1502.
It clearly defines the consequences and under what section the tenant will be charged and what they will be charged with.
But what about a tenant who was UNLAWFULLY served with a writ of restitution, i.e, a vacated judgement for writ of restitution? why are there no consequences defined and no specific charge spelled out under any specific code?
then 12-1178 C. states:
C. No writ of restitution shall issue until the expiration of five calendar days after the rendition of judgment.
So what happens if ANY writ of restitution IS issued before the expiration of five calendar days after the rendition of judgment?
Why are there no penalties or repercussions if these rules ARE violated?
I realize this is not relevant to a disability discrimination, I'm just seeking your expert opinion as to why this is, if you could answer that for me I would greatly appreciate it.
If you say that's why one would appeal, well, my appeal was arbitrarily dismissed for absolutely no reason, so is there no recourse for these unlawful actions other than the appeal process?
BTW... I am not trying to get possession back. This all took place last year in October 2011. The appeal was dismissed when the stay was lifted and I know of no other recourse other than the appeals process so that was the end of the road for me.
I have 180 days to file a complaint with the Department of Justice for discrimination under Title II, which leaves me with about 30 days, but you guys are saying I have no case for discrimination, so I guess I just have to accept that there is nothing I can do.
