Craig v. Craig
225 Ariz. 508
| Ariz. Ct. App. | 2010Background
- Superior Court entered a final decree of dissolution on September 9, 2008.
- Husband filed a timely Rule 9(b) time-extending motion for new trial and to amend the decree on September 24, 2008.
- Wife filed a notice of appeal from the decree on October 8, 2008 while Husband's motion was pending.
- Husband filed a notice of appeal on October 17, 2008, within 20 days of Wife's appeal.
- Superior Court denied Husband's motion for new trial on November 7, 2008; no amended notices of appeal were filed thereafter.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeals are void for lack of jurisdiction due to pending Rule 9(b) motions | Craig argues notices of appeal were effective under Performance Funding | Craig argues Smith/Barassi line controls; pending motion destroys jurisdiction | Appeal(s) dismissed for lack of jurisdiction |
| Whether Performance Funding governs whether notices of appeal filed during a tolling motion are nullities or premature | Wife relied on Performance Funding to make her notice effective | Baumann/Smith govern; performance funding may be superseded | Court adopts Rule-9(b) jurisdiction framework; notices are nullities/article premature depending on rule |
| Whether Smith v. Arizona Citizens Clean Elections Comm'n and Baumann v. Tuton control timing of appeals when a tolling motion is pending | Timing should align with Performance Funding's rule-based approach | Smith/Baumann require dismissal when tolling motion pending | Jurisdiction not established; appeals dismissed |
Key Cases Cited
- Barassi v. Matison, 130 Ariz. 418 (1981) (premature appeals may be timely if final judgment later entered)
- Smith v. Ariz. Citizens Clean Elections Comm'n, 212 Ariz. 407 (2006) (premature appeals are dismissed when a tolling motion is not ministerial)
- Baumann v. Tuton, 180 Ariz. 370 (App. 1994) (prematurity vs. nullity distinction; keeps trial efficient)
- Engel v. Landman, 221 Ariz. 504 (App. 2009) (tolling motion filed by same party creates nullity; limits Smith rule)
- Performance Funding, LLC v. Barcon Corp., 197 Ariz. 286 (App. 2000) (distinguishes between when opposing party files tolling motion vs. same party)