Gardner v. Pilato

The sole question on appeal is whether a trial court, on its own motion, has the power to open a judgment of dismissal more than four months after the judgment was rendered when it is clear that the judgment was originally rendered because of an administrative mistake and a timely motion to open had previously been made and denied. The defendants appeal from the opening of such a judgment, claiming the trial court lacked subject matter jurisdiction to open the judgment.

In the usual case, a trial court loses personal jurisdiction to act in any way with reference to that case four months after…