Appellate Practice
Apr. 5, 2001
Dual Action
As 'Franklin' and 'Natural Resources' make clear, an appeal does not absolutely foreclose further proceedings in the trial court.
James C. Martin
Partner, Reed Smith LLP
Phone: (213) 457-8002
Email: jcmartin@reedsmith.com
James is in the firm's Appellate Group, resident in the Los Angeles and Pittsburgh offices. He is certified as specialists in appellate law by the California State Bar Board of Legal Specialization.
Benjamin G. Shatz
Partner, Manatt, Phelps & Phillips LLP
Appellate Law (Certified), Litigation
Email: bshatz@manatt.com
Benjamin is a certified specialist in appellate law who co-chairs the Appellate Practice Group at Manatt in the firm's Los Angeles office. Exceptionally Appealing appears the first Tuesday of the month.
Conventional wisdom seemingly would dictate that jurisdiction over a case can only be in one place at one time. After a notice of appeal is filed, the trial court ought to lose jurisdiction over the case because of the pending appeal. Presumably, then, there should be no further proceedings in the trial court during the pendency of an appeal because of the shift in focus to the higher court.
Refreshingly, conventional wisdom works in most situations. Perhaps not surprisingly, how...
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