Although the trial court subsequently amended its summary judgment order to delete reference to Goolsby, the court was without jurisdiction to do so at the time because Mason's appeal was pending in this court. Dalton American Truck Stop v. ADBE Distrib. Co., 146 Ga. App. 8, 11 (4) ( 245 SE2d 346) (1978). Thus we reverse that portion of the original order granting summary judgment to Goolsby.

The filing of the notice of appeal serves to supersede a judgment and, while it is on appeal, the trial court is without authority to modify it. OCGA § 5-6-46(a); Dalton American Truck Stop v. Adbe Distrib. Co., 146 Ga. App. 8, 11(4) ( 245 S.E.2d 346) (1978); see also Isaac v. State, 237 Ga. App. 723, 726(3) ( 516 S.E.2d 575) (1999). Therefore, the December 11, 2002 order is a nullity.

When, after the trial court's ruling that appellant could represent himself in his appeal, appellant filed his notice of appeal from the judgment of conviction upon guilty plea and sentence, his notice of appeal operated to remove jurisdiction from the trial court. Dalton Amer. Truck Stop v. ADBE Distrib. Co., 146 Ga. App. 8 ( 245 S.E.2d 346). The trial court was therefore without jurisdiction to consider appellant's subsequently filed motion as to newly discovered evidence. 2.

Cooper v. Rosser, 233 Ga. 388 (1), 389 ( 211 S.E.2d 303). Further, since plaintiff's voluntary dismissal was filed in the trial court after the notice of appeal, it is a nullity and will not be considered on appeal. See Dalton American c. Stop v. ADBE Distrib. Co., 146 Ga. App. 8, 11 (4) ( 245 S.E.2d 346). 2.

Accordingly, we will grant the motion by Mrs. Mobley to dismiss the cross-appeal as having been improvidently filed. See Shipman v. Horizon Corp., 151 Ga. App. 242, 247 ( 259 S.E.2d 221) reaffirmed in eo nomine 155 Ga. App. 126, 128 ( 270 S.E.2d 473); Dalton American Truck Stop v. ADBE Distrib. Co., 146 Ga. App. 8, 10 ( 245 S.E.2d 346). The unclear statement by Mrs. Mobley that penalty for the improper filing (construed to be a motion) should be assessed against the cross-appellants is denied. Judgments affirmed. Deen, P. J., and Pope, J., concur.

We find no manifest abuse of discretion in allowing the further evidence. Mobley v. State, 221 Ga. 716 (4) ( 146 S.E.2d 735); Gotel v. State, 137 Ga. App. 461 ( 224 S.E.2d 93). Under the facts of this case, the rule typified by the case of Dalton Amer. Truck Stop v. ADBE Dist. Co., 146 Ga. App. 8 (1) ( 245 S.E.2d 346) has no application. 4. The same conclusion must be reached as to the secondary evidence objection lodged by Spencer against the admission of the odometer statement.

(Emphasis supplied.) In Dalton c. Truck Stop v. ADBE Distrib. Co., 146 Ga. App. 8 (1) (245) S.E.2d 346) (1978), the trial court directed a verdict in favor of the plaintiff prior to the introduction of any evidence by the defendant. Noting that the trial court had no authority to direct a verdict for the plaintiff prior to the presentation of the defendant's evidence, this court stated that, nevertheless, "if the judgment be right for any reason, it will be affirmed."