Baumann v. Tuton

OPINION

WEISBERG, Presiding Judge.

In this case we consider whether the filing of a notice of appeal while a motion for new trial is pending in the trial court confers jurisdiction upon this Court and therefore has the effect of abandoning the pending motion. We hold that the notice of appeal was premature and, because this Court lacked appellate jurisdiction, appellee did not abandon his motion for new trial.

FACTS AND PROCEDURAL HISTORY

James D. Tuton and Robert D. Amquist (“appellants”) formed a limited partnership to purchase a parcel of land for investment and offered units of the…