Association of Unit Owners of Timbercrest Condominiums v. Warren

We write to address this issue of appellate procedure: When a party has filed a motion for new trial and a notice of appeal is filed before the motion for new trial is decided, must the appellant file a new notice of appeal after the motion for new trial is decided? We conclude that no new notice of appeal is required. Accordingly, we grant respondent’s motion for determination of jurisdiction, determine that the court has jurisdiction of this appeal, and direct that the appeal proceed.

The essential procedural events are these: The trial court resolved plaintiffs claims by granting…