Craig v. Craig

OPINION

HURWITZ, Vice Chief Justice.

¶ 1 We stated thirty years ago that appellate courts should “dismiss for lack of jurisdiction the ease where a litigant attempts to appeal where a motion is still pending in the trial court.” Barassi v. Matison, 130 Ariz. 418, 422, 636 P.2d 1200, 1204 (1981). At issue today is whether this dictum applies when the notice of appeal is filed by a non-moving party.

I

¶2 On September 9, 2008, the superior court issued a decree dissolving the marriage of Sue Lynn Craig (“Wife”) and Roger Thomas Craig (“Husband”). Husband timely filed a motion for new trial or to…