In the Appellate Court of the Tohono O'odham Nation
In the State of Arizona
In the Matter of the Estate of:
Case No. AP2023-0003
(Re: A V2022-0116)
Before: Hon. Rene Alcoverde Jr., Hon. Barbara Atwood, and Hon. Tessa L. Dysart.
The Tohono O' odham Advocate Program, on behalf of Jennifer Celaya, filed a Request for Interlocutory Appeal to challenge the Trial Court's handling of the Advocate Program's two attempts to obtain a substitution of counsel from within their own office.
The Record demonstrates that the Trial Court granted the substitution of counsel. Under Rule 15 of the Tohono O'odham Rules of Appellate Procedure, this Court will grant an interlocutory appeal if:
(1) the trial court has committed an obvious error;
(2) the error would render further trial proceedings useless or substantially limit the freedom of a party to act; and
(3) the error presents a substantial question of law which would determine the outcome of the appeal.
Although the Trial Court granted Ms. Celaya permission to file this Interlocutory appeal, as well as a Stay, the Court denies the interlocutory appeal as there is no appealable issue to review. The stay is lifted. The case is remanded to the Trial Court for further proceedings.
Dated this 21st day of August.
Signing for a unanimous Court:
Rene Alcoverde, Jr.
Presiding Appellate Judge