Baumann v. Tuton
In Baumann v. Tuton, 180 Ariz. 370, 884 P.2d 256 (App. 1994), the Court ruled that if a party files a notice of appeal while that same party's Rule 59 motion is pending, we consider the notice of appeal a nullity. 180 Ariz. at 372-73, 884 P.2d at 258-59.
As Baumann explained, appeals should only be taken from a final judgment because that rule avoids disruption of the trial process, prevents an appellate court from considering issues that may be better addressed by the trial court, and promotes efficiency. Id. at 372, 884 P.2d at 258.
As the Court explained, while Barassi v. Matison had held that the court of appeals had jurisdiction over an appeal from a final order in the form of a minute entry when a final judgment was later filed during the pendency of an appeal, it acknowledged a general rule that the court of appeals lacked jurisdiction over premature appeals. Baumann, 180 Ariz. at 372, 884 P.2d at 258.
The exception was that when a trial court had already made its decision and all that was lacking was a formal judgment, which judgment was entered when the appeal was pending, a dismissal was not necessary provided there was no prejudice to the appellee. Id.