Summary
In Stuart, and in this case, the filing of the motion for JNOV effectively interrupted the delay for filing an appeal until after the district court had ruled on the motion.
Summary of this case from Horton v. MayeauxOpinion
No. 89-CC-1742.
October 20, 1989. Rehearing Denied November 17, 1989.
In re Stuart, Cecil L.; Roussel, Marilyn Peterson; Stuart, Harvey; Stuart, Cecil Jr.; — Plaintiff(s); applying for writ of certiorari and/or review, supervisory and/or remedial writs; to the Court of Appeal. First Circuit, No. CW88 1942; Parish of Washington, 22nd Judicial District Court, Div. "A", No. 53318, 58319.
Granted. Judgment of the court of appeal is reversed; trial court order for new trial is reinstated.
MARCUS and LEMMON, JJ., would grant the writ for argument.
CALOGERO LEMMON, JJ., concur in the denial of rehearing, but would prefer that this Court write an opinion addressing the issue whether a timely motion for a judgment notwithstanding the verdict impliedly includes an alternative motion for a new trial so that the trial court can grant either relief.
MARCUS, J., would grant the rehearing.