Noon v. Smith

Brazil, J.:

William T. Noon appeals the trial court’s denial of his motion for a new trial following a verdict favorable to the defendant in a negligence lawsuit. We reverse and remand for a new trial.

Upon finding that a journal entry of judgment had not been filed following the jury verdict, this court, on its own motion, questioned its jurisdiction to entertain a premature appeal. The parties were given seven days following oral argument in which to respond.

We have verified that the journal entry was filed on March 17, 1992, and conclude that we have jurisdiction to consider this appeal…