Talbert v. Mauney

WELLS, Judge.

As a general rule, an appeal divests the trial court of jurisdiction of a case and, pending appeal, the trial court is functus officio. Sink v. Easter, 288 N.C. 183, 217 S.E. 2d 532 (1975). However, for the purposes of a Rule 60(b) motion, the trial court retains limited jurisdiction to hear and consider a Rule 60(b) motion to indicate what action it would be inclined to take were an appeal not pending. See id.; Bell v. Martin, 43 N.C. App. 134, 258 S.E. 2d 403 (1979), rev’d on other grounds, 299 N.C. 715, 264 S.E. 2d 101 (1980). The legislative intent that there be this limited…