Hogan v. Chesterman

HARRIS, Justice.

The question is whether jurisdiction for an untimely appeal can be preserved by an undisclosed stipulation of the parties. The answer is no. Loss of jurisdiction flows automatically from the passage of time. Courts cannot function, nor retain jurisdiction, on the basis of understandings among the litigants. The appeal must be dismissed.

Suit was started July 30, 1975, for damages as the result of a ear-motorcycle accident on June 20, 1974. It was not tried until August 9, 1977. A jury verdict in favor of defendant was reached August 12, 1977.

On August 15, the trial court…