Gonzales v. Trujillo, 17689
| Decision Date | 03 January 1956 |
| Docket Number | No. 17689,17689 |
| Citation | 133 Colo. 64,291 P.2d 1063 |
| Parties | Robert GONZALES, Plaintiff in Error, v. Charlotte TRUJILLO, Defendant in Error. Matter of the PEOPLE IN THE INTEREST OF AN UNBORN CHILD and Concerning Robert Gonzales, Respondent. |
| Court | Colorado Supreme Court |
John A. McCarthy, Pueblo, for plaintiff in error.
Jenkins, Stewart & Tursi, Pueblo, for defendant in error.
Charlotte Trujillo filed her petition in the county court of Pueblo county, charging Robert Gonzales with contributing to the dependency of her unborn child. Upon trial to the court the petition was dismissed. Petitioner's motion for a new trial was granted, and Robert Gonzales is here by writ of error seeking a judgment of this court reversing the trial court's action in granting petitioner's motion for a new trial.
Our Rule 111, R.C.P.Colo., provides, inter alia, that a writ of error shall lie from the supreme court to a final judgment of any district, county or juvenile court in all actions, and the only question presented is whether the granting of a motion for a new trial is a final judgment.
When a motion for a new trial is granted, the issues stand undisposed of as if the cause had never been tried. Hunt v. United States, 10 Cir., 53 F.2d 333.
Granting a motion for a new trial is not a final judgment, and hence is not reviewable on appeal (writ of error). Bernhardt v. United States, 6 Cir., 169 F.2d 983.
An appeal (writ of error) does not lie from an order granting or denying a motion for a new trial. Ford Motor Co. v. Busam Motor Sales, Inc., 6 Cir., 185 F.2d 531.
It is well settled that an order granting or denying a new trial is not reviewable on appeal (writ of error). Kanatser v. Chrysler Corp., 10 Cir., 195 F.2d 104.
The record herein containing no final judgment, the writ of error is dismissed.
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Bowman v. Songer
...a motion for a new trial is granted, the issues stand undisposed of as if the cause had never been tried." Gonzales v. Trujillo, 133 Colo. 64, 65, 291 P.2d 1063, 1064 (1956). Federal appellate courts have found that a trial court has the power to reconsider its order granting a new trial be......
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People v. Campbell
...a motion for a new trial is granted, the issues stand undisposed of as if the cause had never been tried." Gonzales v. Trujillo, 133 Colo. 64, 65, 291 P.2d 1063, 1064 (1956). Crim.P. 32 states, in (c) Judgment.... [T]he court shall, after passing sentence, inform the defendant of his rights......
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Matter of H----
...732). Moreover, it is well established that the grant of a new trial vacates the judgment (Caine v. Collins, 166 A.2d 675; Gonzales v Trujillo, 291 P.2d 1063; In re Doelle, 35 N.W.2d 251). We must conclude that the court here did what it said it was doing—granting a new trial which was foll......
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People In Interest of M. B. v. J. B., 26370
...of a new trial places the parties in the positions they occupied prior to the vacated hearing. C.R.C.P. 59(g); Gonzales v. Trujillo, 133 Colo. 64, 291 P.2d 1063 (1956). The judgments are reversed and the cause is remanded to the trial court for further proceedings not inconsistent with the ......