Bohart v. Hanna, 213 Ariz. 480

Summary

The Arizona Supreme Court held that the five-day period for appealing a superior court decision in a candidate-nomination challenge under A.R.S. § 16-351(A) means five calendar days, including weekends and holidays. Because Robert Bohart filed his notice of appeal six days after the superior court's decision, the court granted the motion to dismiss the appeal as untimely.

Holdings

1. The statutory five-day period for appealing a superior court decision in a nomination-petition challenge includes Saturdays, Sundays, and legal holidays; it is measured as five calendar days.
2. Bohart's notice of appeal was untimely because it was filed on the sixth calendar day after the superior court's decision.

Questions Presented

1. Whether the five-day period for appealing a superior court decision in a nomination-petition challenge excludes Saturdays, Sundays, and legal holidays.
2. Whether Bohart's notice of appeal, filed six days after the superior court decision, was timely.

Disposition

dismissed