Gardner, F. v. Consolidated Rail Corporation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that, a trial court “no longer has jurisdiction to reconsider or vacate its order” when 30 days have lapsed since entry of the order
• stating that “[if] a trial court fails to grant reconsideration expressly within the prescribed 30 days, it loses the power to act upon both the petition [for reconsideration] and the original order”
• stating that, “[i]f a trial court fails to grant reconsideration expressly within the prescribed 30 days, it loses the power to act upon both the petition for reconsideration and the original order” (citation, brackets, and original quotation marks omitted)
• noting that, with respect to final orders, “either the lapse of 30 days beyond the date of entry of an original order, or the filing of a notice of appeal[,] will vitiate the jurisdiction of the trial court to modify, alter, or otherwise proceed further in the matter”
• failure to file a timely appeal from a final order results in that order having preclusive effect in future litigation
• failure to file a timely appeal from a final order results in that order having preclusive effect in future litigation

Source: CourtListener parenthetical corpus (CC0).