York v. Taylor

HEDRICK, Chief Judge.

The notice of appeal from the default judgment for defendants with respect to plaintiffs claim and defendants’ counterclaim against plaintiff was filed at the same time as plaintiffs Rule 52(b) motion for amended and additional findings of fact and Rule 60(b) motion for relief from judgment. The trial court is not divested of jurisdiction to hear and rule on a Rule 52(b) motion even though notice of appeal has been given. Parrish v. Cole, 38 N.C. App. 691, 248 S.E. 2d 878 (1978). The trial court does not have jurisdiction, however, to rule on motions pursuant to Rule…