Performance Funding, LLC v. Barcon Corporation
In Performance Funding, LLC v. Barcon Corporation, 197 Ariz. 286, 289, PP 10-13, 3 P.3d 1206, 1209 (App. 2000), the Court held that a notice of appeal filed during the pendency of the appellee's time-extending motion was not jurisdictionally defective.
Performance Funding interpreted Baumann narrowly - the court construed Baumann to mean simply that a premature notice of appeal did not operate to effect a withdrawal of the appellant's own motion for new trial. Id. at P 10.
Performance Funding also declined to follow as dictum the language in Barassi that warned that a notice of appeal filed during the pendency of a time-extending motion was insufficient to confer appellate jurisdiction. Id. at 288, PP 7-8, 3 P.3d at 1208.