Rodriquez v. Williams

UDALL, Chief Justice:

Plaintiffs sued defendants for personal injuries received in air automobile accident. A jury rendered a verdict in favor of defendants, and plaintiffs appealed to the court of appeals where the case is docketed as # 1 CA-CIV 890.

Shortly thereafter, the trial judge informed counsel for both parties that the superior court clerk had inadvertently destroyed all of the exhibits in the case. Plaintiffs promptly moved for a new trial. The trial judge properly denied the motion for the reason that his jurisdiction ceased upon perfection of the appeal. This principle is well…