American Aluminum Products, Inc. v. Pollard

EAGLES, Judge.

I. Motion for New Trial

Defendants first assign as error the trial court’s denial of their motion for a new trial pursuant to G.S. 1A-1, Rule 59.

Initially, we note that judgment here was rendered in open court on 2 August 1988. At that time defendants gave oral notice of appeal. Defendants subsequently moved for a new trial on 9 August 1988 and the trial court denied the motion on 28 November 1988.

*545“For many years it has been recognized that as a general rule an appeal takes the case out of the jurisdiction of the trial court.” Wiggins v. Bunch, 280 N.C. 106, 108, 184 S.E.2d 879,…