Lowenthal v. McDonald

At issue in this case is whether the parties’ agreement to extend the time for filing a posttrial motion validates an untimely motion requesting such an extension. We conclude that this type of agreement, on its own, does not allow the trial court to retain jurisdiction over the case. Correspondingly, plaintiff failed to timely file a notice of appeal, and we therefore dismiss this appeal for lack of jurisdiction.

I. BACKGROUND

On April 23, 2002, plaintiff, Jody Ann Lowenthal, brought a negligence action against defendant, James T. McDonald, to recover for personal injuries she allegedly…