Webb v. Webb

HEDRICK, Judge.

G.S. § 1-294 in pertinent part provides:

When an appeal is perfected as provided by this article it stays all further proceedings in the court below upon the judgment appealed from, or upon the matter embraced therein; but the court below may proceed upon any other matter included in the action and not affected by the judgment appealed from.

An appeal in the domestic action removes the cause to the appellate court and the trial court is functus officio until the validity of the judgment is determined; thus, the trial court is without jurisdiction, pending the appeal, to punish…