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US WEST COMMUNICATIONS v. DEPT. OF REVENUE

No. CV-00-0022-PR.

14 P.3d 292 (2000)

199 Ariz. 101

U S WEST COMMUNICATIONS, INC., Plaintiff/Appellee. v. ARIZONA DEPT. OF REVENUE, an agency of the State of Arizona, and Apache, Cochise, Coconino, Gila, Graham Greenlee, La Paz, Maricopa, Mohave, Navajo, Pima, Pinal, Santa Cruz, Yavapai, and Yuma Counties, Political Subdivisions of the State of Arizona, Defendants-Appellants.

Supreme Court of Arizona, En Banc.

December 20, 2000.

Attorney(s) appearing for the Case

Fennemore Craig, P.C., by Paul J. Mooney, William Gates, Phoenix, Attorneys for U S West Communications, Inc.

Janet A. Napolitano, Arizona Attorney General, by Frank Boucek, III, Phoenix, Attorneys for Arizona Department of Revenue and Counties.

OPINION

FELDMAN, Justice,

¶ 1 We granted review in this case to determine whether we should continue to follow the rule that a party seeking to obtain relief from a judgment entered after remand from an appellate court must first apply to the appellate court for permission to pursue its motion in the trial court. We conclude that we should not continue to follow that rule and therefore overrule Rogers v. Ogg, 101 Ariz. 161

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