ARIZONA COURT OF APPEALS

Craig v. Craig, CV 08-0776, October 28, 2010.

There is no appellate jurisdiction when a notice of appeal (and subsequent cross-appeal) is filed while the opposing parties' motion for new trial is pending. Appeals dismissed.

Lee v. State, CV 09-0657, November 9, 2010.

When a governmental entity asserts an affirmative defense of non-compliance with Arizona's notice of claim statute, and a genuine issue of material fact exists concerning compliance, a timely requested jury resolves that factual question. The issue in this case involved whether a mailed NOC was received by the state. (See prior Supreme Court decision in this case at Lee v. State, 218 Ariz. 235, 239, ¶ 23, 182 P.3d 1169, 1173 (2008), and don't mail NOC's - use a process server. Ed.] The court noted that a bifurcated trial on notice could be set early in the case after limited discovery, per ARCP Rule 42(b).