Bowen Ex Rel. Bowen v. Hodge Motor Co.

CLARK, Judge.

The defendant contends that (1) the district court had no jurisdiction after directing the verdict for defendant on 31 July 1975 and plaintiff gave notice of appeal to thereafter order a voluntary dismissal without prejudice, and (2) the district court was in error in granting the voluntary dismissal after directed verdict.

The general rule is that an appeal takes the case out of the jurisdiction of the trial court. Exceptions to the general rule are:(1) Notwithstanding notice of appeal a cause remains in fieri during the term in which the judgment was rendered, and(2) The trial…