Craig v. Craig

After the superior court issued a decree dissolving the marriage of Sue Craig and Roger Craig, Roger timely filed a motion for a new trial or to amend the decree. Before the court ruled on Roger's motion, Sue filed a notice of appeal. Roger then cross-appealed. The superior court denied Roger's motion, and neither party filed a new or amended notice of appeal. A divided court of appeals dismissed both appeals for lack of jurisdiction, finding the rule stated in Barassi v. Matison that appellate courts should dismiss for lack of jurisdiction the case where a litigant attempts to appeal where a motion is still pending in the trial court applied. On review, the Supreme Court affirmed, finding the Barassi rule applies even when the notice of appeal is filed by a non-moving party.