Chappelaer v. General GMC Trucks, Inc.

Quillian, Judge.

The appellant filed an action for breach of contract against the appellee and the jury returned a verdict for the appellant. The appellant then filed a notice of appeal. Subsequent to the filing of the notice of appeal the trial judge set aside the judgment and granted a new trial.

The appellant contends that the trial judge had no authority to grant the motion for a new trial because the notice of appeal had been filed and therefore served as a supersedeas. The filing of a notice of appeal does serve as a supersedeas in civil cases "upon payment of all costs in the trial…