Booker v. Amdur

Banke, Presiding Judge.

The defendants in this personal injury action filed this appeal from a judgment entered on a jury verdict in favor of the plaintiffs. The judgment was entered on June 19, 1987; and the notice of appeal was filed on July 20, 1987. During the intervening period, on July 14, 1987, the plaintiffs filed a motion for new trial, which they later dismissed on December 4,1987. The plaintiffs have moved to dismiss the present appeal on the ground that it was filed during the pendency of their motion for new trial. Held:

“ ‘A notice of appeal from the judgment, filed while a motion…