Baumann v. Tuton

WEISBERG, Judge In this case we consider whether the filing of a notice of appeal while a motion for new trial is pending
in the trial court confers jurisdiction upon this Court and therefore has the effect of abandoning the pending motion. We
hold that the notice of appeal was premature and, because this Court lacked appellate jurisdiction, appellee did not abandon
his motion for new trial. FACTS AND PROCEDURAL HISTORY