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Vazquez v. Guzman

Court of Appeals of Arizona, Second Division
Sep 9, 2024
2 CA-CV 2024-0039 (Ariz. Ct. App. Sep. 9, 2024)

Opinion

2 CA-CV 2024-0039

09-09-2024

Hector Vazquez, Plaintiff/Appellant, v. Gabriela Guzman, Defendant/Appellee.

Hector Vazquez In Propria Persona


Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Appeal from the Superior Court in Pima County No. DV20232032 The Honorable Helena Seymour, Judge Pro Tempore

Hector Vazquez In Propria Persona

Vice Chief Judge Eppich authored the decision of the Court, in which Presiding Judge Sklar and Judge Gard concurred.

MEMORANDUM DECISION

EPPICH, VICE CHIEF JUDGE

¶1 Hector Vazquez appeals from the superior court's order dismissing his ex parte order of protection against Gabriela Guzman. Because Vazquez has not meaningfully developed an argument for our review, we affirm.

Factual and Procedural Background

¶2 We review the superior court's ruling on an order of protection for an abuse of discretion, viewing the facts in the light most favorable to upholding the court's decision. Savord v. Morton, 235 Ariz. 256, ¶ 10 (App. 2014). In December 2023, Vazquez filed a petition for an order of protection against Guzman. He alleged they had a child in common and Guzman had "falsely accused [him] of domestic violence." He further alleged that Guzman had: kept his children from him, repeatedly called him from a "fake telephone number application to laugh [at] and insult [him]," defaced his property, and vandalized a project at his work site. The court entered an ex parte order of protection prohibiting Guzman from having contact with Vazquez.

¶3 Guzman sought a hearing to contest the protective order. Vazquez had notice of the hearing but failed to appear. The superior court found Vazquez's absence "voluntary and without good cause" and dismissed the order of protection. This appeal followed. We have jurisdiction pursuant to A.R.S. §§ 12-120.21(A)(1), 12-2101(A)(5)(b), and Rule 42(A)(2), Ariz. R. Protective Order P. See Moreno v. Beltran, 250 Ariz. 379, ¶¶ 11, 13 (App. 2020).

At the hearing, the court also affirmed a different order of protection in case number DV20232072. That order is not the subject of this appeal.

Discussion

¶4 Vazquez does not raise any argument related to the superior court's dismissal on appeal. An opening brief must contain an argument with "[a]ppellant's contentions concerning each issue presented for review, with supporting reasons for each contention, and with citations of legal authorities and appropriate references to the portions of the record on which the appellant relies." Ariz. R. Civ. App. P. 13(a)(7)(A). "We generally decline to address issues that are not argued adequately, with appropriate citation to supporting authority." In re J.U., 241 Ariz. 156, ¶ 18 (App. 2016).

¶5 Vazquez's opening brief only alleges facts related to Guzman's behavior. But it is the role of the superior court, not this court, to weigh evidence. See Hurd v. Hurd, 233 Ariz. 48, ¶ 16 (App. 2009). And because no transcript of the contested hearing was provided, we must presume it supports the court's ruling. See Varco, Inc. v. UNS Elec., Inc., 242 Ariz. 166, ¶ 3 (App. 2017). Additionally, Vazquez provides no citation to legal authority or the record. See Ariz. R. Civ. App. P. 13(a)(7)(A). Although Vazquez represents himself, we hold him to the same standard as an attorney. See Flynn v. Campbell, 243 Ariz. 76, ¶ 24 (2017). Because he has failed to comply with Rule 13, Ariz. R. Civ. App. P., we are unable to sufficiently review Vazquez's claim and any argument is waived. See Bennett v. Baxter Grp., Inc., 223 Ariz. 414, ¶ 11 (App. 2010).

Guzman has not filed an answering brief. "When debatable issues exist and an appellee fails to file an answering brief, we may consider such failure a confession of reversible error." Savord, 235 Ariz. 256, ¶ 9. Because Vazquez has not raised a debatable issue, we decline to do so here. See id.

Disposition

¶6 For the foregoing reasons, we affirm the superior court's order dismissing Vazquez's ex parte order of protection against Guzman.


Summaries of

Vazquez v. Guzman

Court of Appeals of Arizona, Second Division
Sep 9, 2024
2 CA-CV 2024-0039 (Ariz. Ct. App. Sep. 9, 2024)
Case details for

Vazquez v. Guzman

Case Details

Full title:Hector Vazquez, Plaintiff/Appellant, v. Gabriela Guzman…

Court:Court of Appeals of Arizona, Second Division

Date published: Sep 9, 2024

Citations

2 CA-CV 2024-0039 (Ariz. Ct. App. Sep. 9, 2024)