Background
Tyshun A. Adeloye filed a notice of appeal and, on the same day, filed a motion for a new trial in the trial court. His new-trial motion remained pending while the appeal was before the Court of Appeals of Georgia.
Adeloye moved to remand the case so the trial court could rule on that motion. The appellate court considered whether the notice of appeal had divested the trial court of jurisdiction over the timely filed motion.
The Court’s Holding
The Court of Appeals granted Adeloye’s motion to remand. It held that a notice of appeal does not immediately divest a trial court of jurisdiction during the period in which a motion for new trial may be filed.
Because Adeloye timely filed his new-trial motion on the same day as the notice of appeal, the notice had not yet ripened to divest the trial court of jurisdiction. The case was remanded for the trial court to consider the pending motion for a new trial.
Key Takeaways
- A timely motion for new trial delays the jurisdictional effect of a notice of appeal.
- The trial court retains jurisdiction to decide the timely pending new-trial motion.
- The appeal was remanded rather than resolved on the merits.
Why It Matters
The order confirms that filing a notice of appeal does not prevent a Georgia trial court from deciding a timely motion for new trial filed during the permissible filing period. Appellate practitioners should account for that motion before treating appellate jurisdiction as fully vested.