Maroney v. Iacobsohn
Annotate this CaseIn this appeal, which stemmed from an automobile accident, the issue was whether service of notice of entry of judgment by the party moving for new trial triggers the statutes’ jurisdictional deadlines. The court held that it does not. The court concluded that the trial court had jurisdiction to rule, but its order conditionally granting a new trial was a nullity with no legal effect. Further, because the trial court did not file a valid order ruling on the new trial motion before its jurisdiction expired, the motion was denied by operation of law. Though the court may review a denial by operation of law on an appeal from the judgment, plaintiff has not supplied an adequate record to establish grounds for reversal. Accordingly, the court affirmed the judgment and dismissed defendants' appeal.
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