Griffin v. Loper

Birdsong, Presiding Judge.

Appellants/plaintiifs, David A. Griffin and Carolyn Griffin, appeal from the judgment entered on July 22, 1992, in behalf of appellee/defendant. The notice of appeal was filed August 20, 1992, while a motion for new trial, filed in the lower court on August 19, 1992, was pending. On October 12, 1992, the lower court entered an order vacating the motion for new trial on the grounds that as the notice of appeal had been filed it was without jurisdiction to rule on the motion. Held:

“ ‘ “A notice of appeal from the judgment, filed while a motion for new trial is pending,…