Barassi and Baumann v. Tuton
In Barassi and Baumann v. Tuton, 180 Ariz. 370, 884 P.2d 256 (App. 1994), the appellant filed its notice of appeal after a minute order had denied a motion for a new trial, but before the formal entry of judgment. See 130 Ariz. at 419, 636 P.2d at 1201.
The Court initially dismissed the appeal, see id., but the supreme court vacated that decision and reinstated the appeal, stating:
"Dismissal of the present appeal would punish the appellant for being too diligent." Id. at 421, 636 P.2d at 1203. Barassi thereby held that premature appeals are not necessarily jurisdictionally defective.
However, while so holding, the supreme court noted in dictum that Arizona appellate courts lack jurisdiction when "a litigant attempts to appeal where a motion is still pending in the trial court or where there is no final judgment." Id. at 422, 636 P.2d at 1204.