In re Marriage of Flores and Martinez
In In re Marriage of Flores and Martinez, No. 2 CA-CV 2012-0073, 231 Ariz. 18, 289 P.3d 946 (Ariz. Ct. App. Nov. 20, 2012), the trial court allowed the appeal to proceed until we issued a memorandum decision, although the appellant had entered a clearly premature notice of appeal. Id.4-5.
After we issued our decision dismissing for lack of jurisdiction, but before issuance of the mandate, the trial court signed a new order, from which the same party attempted to appeal. Id.
The Court determined the new order was void for lack of jurisdiction because the mandate had not yet issued, and therefore was not appealable. Id.11-12.
There, the trial court had not attempted to retain jurisdiction due to the premature notice and we had exercised our jurisdiction.