Tyler v. Adams County Department of Social Services Ex Rel. Tyler

DUBOFSKY, Justice.

We granted certiorari to consider whether the defendant could appeal a judgment vacated and reentered by the district court in order to allow the defendant to file a motion for new trial, after the court erroneously had stated that the motion for new trial could be dispensed with for the original judgment. We conclude that the district court had jurisdiction and did not abuse its discretion in vacating and reentering its own judgment, and accordingly vacate the order of the Court of Appeals dismissing the defendant’s appeal from the reinstated judgment.

The plaintiff, Adams…