Ex Parte Drewery

Although I agree with the majority’s ultimate holding that the trial court improperly rescinded its order granting applicant’s motion for new trial, I am disturbed by the following language in the majority’s opinion:

“This Court has repeatedly held that a notice of appeal which was filed prior to the overruling of a motion for new trial was untimely or prematurely filed and as such was ineffective....6

While the majority recognizes that the issue is not properly before the Court and is not necessary to the resolution of this cause, by its language the majority implies that “the past precedents…