Woznicki v. Musick
In Woznicki v. Musick, 94 P.3d 1243, 1246 (Colo. App. 2004), the Colorado Court of Appeals reasoned appellate courts have no jurisdiction to consider the merits of an appeal in the absence of a final order or judgment, and therefore jurisdiction must remain in the trial court.
Although the filing of a notice of appeal generally divests the trial court of jurisdiction, it continued, that rule need not require divesting the court of jurisdiction when any notice of appeal is filed. Id.
To do so would hamper, rather than aid, the administration of judicial process by transferring control from the courts to the parties, leaving the courts "powerless to prevent delays" and dilatory tactics, "obstructing the nonappealing party's right to continuing trial court jurisdiction, and inhibiting the smooth and efficient functioning of the judicial process." Id
Accordingly, the court held premature notices of appeal do "not render void for lack of jurisdiction acts of the trial court taken during the interval between the filing of the invalid notice of appeal and the dismissal of the appeal." Id at 1247.