In Re Estate of Shaw

Individuals claiming to be heirs at law of Barbara Shaw, deceased, appeal the circuit courts denial of their motion to set aside the courts nunc pro tunc order and its distribution order III, both entered on January 25, 2007. Before reaching the merits of the issues raised in the appeal, this Court must determine its own jurisdiction. The court had entered an earlier distribution order (distribution order II) on July 27, 2006. As set out below, the court lost jurisdiction of this case no later than November 6, 2006, when all after-trial motions regarding the July 27, 2006 order were deemed overruled as a matter of law. And the copy of the July 27, 2006 order on which the judges signature was crossed out was not effective as it was undated and the record does not reflect it was filed or served on the parties. The court, therefore, was without authority to enter the December 5, 2006 judgment, the nunc pro tunc order correcting the December 5, 2006 judgment, and distribution order III. Accordingly, this Court has jurisdiction on appeal only to confine the court to its jurisdiction by ordering it to reinstate its July 27, 2006 judgment, which is now final, and vacate its other orders entered thereafter. The merits of distribution order II not having been timely appealed, and the December 5, 2006 judgment and the January 25, 2007 nunc pro tunc order and distribution order III being void, this Court does not reach the merits of the other issues raised by the parties. Remanded with directions.