Consor v. Occidental Life Ins. Co. of California

OPINION ON REHEARING

On March 19, 1979, this Court granted summary judgment in favor of the defendant, and entered a judgment. On March 23rd, 1979, the plaintiff filed a motion to vacate that judgment, and later, on April 11, 1979, the plaintiff filed a notice of appeal. The Court is faced with the preliminary question of whether it has jurisdiction to consider the motion to vacate judgment, because the filing of a notice of appeal usually divests the District Court of jurisdiction. Turner v. HMH Publishing Co., 328 F.2d 136 (5th Cir. 1964).

A motion to alter or amend a judgment [Fed.R.Civ.Pro.…