Sheets v. Apstein
Craig Sheets appeals from an amended judgment following a jury special verdict that awarded him $19,303.09 in his motor vehicle negligence action against respondent Norman Apstein. His appeal from the original judgment was dismissed for failure to file an opening brief. We do not have jurisdiction to review issues resolved in the original judgment as they were properly the subject of the prior appeal, which remains dismissed. We also conclude that, to the extent the amended judgment purported to set aside the original judgment, it is void because the trial court had no jurisdiction to vacate a valid judgment from which an appeal was pending. During the pendency of the prior appeal, the trial court only had jurisdiction to modify the original judgment as to costs. We, therefore, reverse the amended judgment and remand the matter to the trial court with directions to modify the original judgment solely with respect to the parties' costs.
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