Generally, notices of appeal of final judgments such as divorce decrees must be filed within 30 days after entry of the judgment.  See Arizona Rules of Civil Appellate Procedure (“ARCAP”), Rule 9 (a).  “Entry” of a judgment is the date the judgment is filed with the court, which is often a day or two after the judgment is signed by the judge.

The appeal time can be extended in certain limited circumstances.  Timely filed motions for new trial under Rule 83 of the Arizona Rules of Family Law Procedure (“ARFLP”) and motions to alter or amend judgment under Rule 84, ARFLP, extend the time to appeal.  If such motions are timely filed, the 30-day appeal time runs “from the entry of the order which disposes of the last remaining motion.”  ARCAP 9 (b).

A notice of appeal filed during the time a timely motion for new trial or motion to alter or amend is pending before the trial court is premature.  The Court of Appeals lacks jurisdiction to consider an appeal until the judgment in the trial court has been finalized.  ARCAP 9 (a), see also, Craig v. Craig, CV-10-0397-PR, 6/29/11.

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