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Rule 377a. Premature Appeal (1984)


(a) Proceedings relating to an appeal need not be considered ineffective because of prematurity if a subsequent appealable order has been signed to which the premature proceedings may properly be applied.

(b) If the appellate court finds that the appeal is premature because the order appealed from is not final, it may permit the defect to be cured and any subsequent proceedings to be shown in a supplemental record.

(c) If the trial court has signed an order modifying, correcting or reforming the order appealed from, or has vacated that order and signed another, any proceedings relating to an appeal of the first order may be considered applicable to the second, but shall not prevent any party from appealing from the second order pursuant to Rule 329b(h). The second order and any proceedings concerning it may be included in either the original or a supplemental record.

This is a new rule by order of Dec. 5, 1983, eff. April 1, 1984. This proposal would avoid dismissal of a premature appeal and filing of a new appeal when a subsequent appealable order is issued by the trial court.

Repealed by order of April 10, 1986, eff. Sept. 1, 1986.