No. 15420-PR.

130 Ariz. 418 (1981)

636 P.2d 1200

Louis W. BARASSI and Henrietta Barassi, husband and wife, Appellees, v. James J. MATISON and Nancy J. Matison, husband and wife, Appellants.

Supreme Court of Arizona, In Banc.

October 22, 1981.

Attorney(s) appearing for the Case

D'Antonio & D'Antonio by Gregory D. D'Antonio, Tucson, for appellees.

Monroe & Eisenstein by Michael J. Monroe, Tucson, for appellants.

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...

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