Fazzino v. Insurance Co. of North Amer.

Plaintiffs appeal from a judgment in favor of defendant and purport to appeal from denials of motions for new trial and to vacate judgment and enter a different judgment. The record does not show when the motion to vacate judgment was determined. Defendant contends that plaintiffs’ notice of appeal was filed before this motion was decided, and points out that the time to appeal from the judgment was extended during the pendency of this motion and that therefore the appeal from the judgment was premature. Assuming it was premature, such fact would not make the appeal void. (See Rules on…