Craig v. Craig

In Craig v. Craig, 227 Ariz. 105, 107,13, 253 P.3d 624, 626 (2011), the parties filed a notice of appeal and notice of cross-appeal while a motion for new trial was pending. After the superior court denied the motion for new trial, the parties did not file amended or new notices of appeal or cross-appeal. Craig, 227 Ariz. at 105,2, 253 P.3d at 624. In affirming this court's decision to dismiss the appeal for lack of jurisdiction, our supreme court explained that Barassi is limited to situations in which a notice of appeal is filed "after the trial court has made its final decision, but before it has entered a formal judgment, if no decision of the court could change and the only remaining task is merely ministerial." Id. at 107,13, 253 P.3d at 626. "In all other cases, a notice of appeal filed in the absence of a final judgment, or while any party's time-extending motion is pending before the trial court, is 'ineffective' and a nullity." Craig, 227 Ariz. at 107,13, 253 P.3d at 626. In Craig, the Arizona Supreme Court explained that the Barassi exception is limited to situations in which a notice of appeal is filed "after the trial court has made its final decision, but before it has entered a formal judgment, if no decision of the court could change and the only remaining task is merely ministerial." Id. at 107,13, 253 P.3d at 626. "In all other cases, a notice of appeal filed in the absence of a final judgment, or while any party's time-extending motion is pending before the trial court, is 'ineffective' and a nullity." Craig, 227 Ariz. at 107,13, 253 P.3d at 626.