Thursday, October 4, 2012

Appeal divests trial court of jurisdiction with few exceptions (10 4 2012)

"Once an appeal is taken, the trial court is divested of jurisdiction until the case is remanded to it by the appellate court except where the retention of jurisdiction is not inconsistent with that of the appellate court to review, affirm, modify or reverse the order from which the appeal is taken." Any orders by the trial court that are inconsistent are "void, without effect and are vacated." State v. Lendard, 2012-Ohio-4603.

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