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BAUMANN v. TUTON

No. 1 CA-CV 92-0386.

180 Ariz. 370 (1994)

884 P.2d 256

Leo BAUMANN, as Trustee of the Nancy Hopkins Irrevocable Trust, Plaintiff-Appellee, v. James D. TUTON and Robert D. Almquist, Defendants-Appellants.

Court of Appeals of Arizona, Division 1, Department B.

October 18, 1994.

Attorney(s) appearing for the Case

Kempton, Jarvis, Decker, Jenkins & Walker, P.A. by Roger C. Decker, Roger R. Foote, Mesa, for plaintiff-appellee.

Almquist & Benjamin, P.A. by Robert D. Almquist, Jonathan E. Benjamin, Phoenix, for defendants-appellants.

OPINION

WEISBERG, Presiding Judge.

In this case we consider whether the filing of a notice of appeal while a motion for new trial is pending in the trial court confers jurisdiction upon this Court and therefore has the effect of abandoning the pending motion. We hold that the notice of appeal was premature and, because this Court lacked appellate jurisdiction, appellee did not abandon his motion for new trial.

FACTS AND PROCEDURAL HISTORY

James...

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