Sink v. Easter

BRITT, Judge.

Defendant advances numerous contentions as to why the order of 16 May 1974 is invalid. One of these is that the court had no jurisdiction on 1 April 1974 to rescind its judgment entered 28 March 1974 denying plaintiff’s motion for relief under Rule 60. We find merit in this contention.

When the court entered its judgment on 28 March 1974 denying plaintiff’s Rule 60 motion for relief, plaintiff, on the same day, gave notice of appeal and appeal entries were entered. The general rule as to jurisdiction of the trial court after notice of appeal has been given and appeal entries filed…