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PERFORMANCE FUNDING, LLC v. BARCON CORP.

No. 1 CA-CV 99-0366.

3 P.3d 1206 (2000)

197 Ariz. 286

PERFORMANCE FUNDING, LLC, a limited liability company, Performance Mechanical, LLC, a limited liability company, Plaintiffs-Appellants, v. BARCON CORPORATION, an Arizona corporation, Defendant-Appellee.

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

March 21, 2000.

Attorney(s) appearing for the Case

David M. Reaves, P.C. By David M. Reaves, Phoenix, for Plaintiffs-Appellants.

The Law Office of Julianne C. Wheeler, P.C. By Julianne C. Wheeler, Phoenix, Co-Counsel for Defendant-Appellee.

Barnes & Lassiter, P.C. By Mark Lassiter, Phoenix, Co-Counsel for Defendant-Appellee.

OPINION

WEISBERG, Judge.

¶ 1 Appellee moved to dismiss this appeal for untimeliness. It argued that the notice of appeal was defective because appellants filed it during the pendency of a time-extending order. Appellants responded that the notice of appeal was only premature, and hence not defective. We denied appellee's motion, with an opinion to follow. This is that opinion.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 Appellants sued...

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