may include other terms
and conditions, such as a
date certain for automatic
reinstatement of the appeal.
A stipulation or motion
filed under this rule does
not extend any appellate or
superior court deadline.
Conclusion
The Arizona Court of
Appeals too “frequently
grapples” with jurisdiction-
al issues because of prema-
ture NOAs. 52 Premature
NOAs are usually filed
because of ( 1) difficulty ascertaining
whether a Superior Court order is, or
is intended to be, a final appealable
judgment; ( 2) difficulty determining the
extent to which a putative judgment
resolves a case as to all claims and parties;
and ( 3) timing complications caused by
filing various post-judgment motions.
The new rules that go into effect January
1, 2014, should help cure jurisdictional
defects arising from premature NOAs.
Time will tell if these new rules accom-
plish their intended effect of providing
a more straightforward, predictable and
elegant approach to preserving appellate
jurisdiction. 53 AZ AT
45 DECEMBER 2013 ARIZONA ATTORNEY www.azbar.org/AZAttorney
32. Id.
33. Id.
34. Id. at ¶¶ 9-10.
35. Fields, 286 P.3d at 163 (emphasis
omitted).
36. Id.
37. Nat’l Broker Assocs., Inc. v. Marlyn
Nutraceuticals, Inc., 119 P.3d 477, 485
(Ariz. Ct. App. 2005).
38. E.g., Baker, 296 P.3d at 1016-17.
39. ARCAP 9(b).
40. Id.
41. Fields, 286 P.3d at 165.
42. Craig, 253 P.3d at 626.
43. Fields, 286 P.3d at 165; Ghadimi, 285
P.3d at 969-70 (dismissal of appeal
where wife filed notice of appeal after
decree of dissolution of marriage, but
before judgment awarding fees and costs
to husband, and wife did not file new
or amended notice of appeal after final
judgment entered); Santee, 270 P.3d at
915-16 (dismissal of appeal where notice
of appeal filed after minute entry order,
but before court ruled on pending
motion for relief under Rule 68(g), and
appellant never filed new or amended
notice of appeal).
44. Craig, 253 P.3d at 626; see also
Baumann, 884 P.2d at 258 (holding
that an appellant must expressly withdraw a motion for new trial before
appealing; a motion for new trial cannot
be withdrawn by filing a notice of
appeal).
45. Johnson and Gravino, 293 P.3d at 506.
46. Flores and Martinez, 289 P.3d at 949.
47. ARCAP 6 discusses how to file motions
properly in Arizona appellate courts.
48. Johnson and Gravino, 293 P.3d at 506.
49. Id. at 507, 508.
50. Id. at 508-09.
51. Id. at 508.
52. Baker, 296 P.3d at 1014.
53. State Bar of Arizona Jan. 8, 2013, Petition to
Amend Rules 54 and 58, ARIZ.R.CIV.P., and
Rule 9, ARIZ.R.CIV.APP.P.; see also State Bar
of Arizona April 2, 2012, Petition to Amend
Rule 9, ARIZ.R.CIV.APP.P.
False Start: Premature Notice of Appeal
The new rules help
identify the correct time
to file a Notice of
Appeal and provide
relief when the notice
is technically filed
too early.
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