Barassi v. Matison

GORDON, Justice:

The issue in this action is whether an appeal filed after a minute entry order denying a motion for a new trial but prior to the formal entry of judgment should be dismissed as premature. The Arizona Court of Appeals, Div. 2, dismissed the action for lack of jurisdiction; we vacate the Court of Appeal’s order of dismissal and reinstate the appeal. The facts necessary for a determination of this issue follow.

The trial court entered judgment in favor of the plaintiffs-appellees on October 7, 1980. The defendants-appellants filed a motion for a new trial which was denied by…