Musick v. Woznicki

BENDER, Justice.

I. Introduction

We review the court of appeals decision in Woznicki v. Musick, 94 P.3d 1243 (Colo.App.2004), which held that a premature notice of appeal of a nonfinal judgment does not divest the trial court of jurisdiction. 1

During the course of a complex case that was divided into three phases for trial, Musick appealed a ruling of the trial court before the trial court had certified it pursuant to C.R.C.P. 54(b). Generally, the filing of a notice of appeal shifts jurisdiction to the appellate court, thus divesting the trial court of jurisdiction to conduct further…