Craig v. Craig

¶ 7 I respectfully dissent for two reasons. First, this case presents us with a tension between two lines of eases dealing with ap*510pellate jurisdiction which should be resolved by the Arizona Supreme Court. Under the first line of cases, Baumann v. Tuton, 180 Ariz. 370, 884 P.2d 256 (App.1994), and Smith v. Ariz. Citizens Clean Elections Comm’n, 212 Ariz. 407, 415, ¶ 38, 132 P.3d 1187, 1195 (2006), an appellant’s notice of appeal is deemed a nullity if it is filed while the appellant’s motion for new trial or other time-extending motion under Arizona Rule of Civil Appellate Procedure 9(b)…