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CIVIL PROCEDURE - EX PARTE CURRY

Ex parte Curry, [Ms. 2140584, June 19, 2015] __ So. 3d __ (Ala. Civ. App. 2015). After a summary judgment in favor of the plaintiffs, the defendants filed a post-judgment motion. The only order entered within 90 days after that order was an order setting the case for trial. The Court of Civil Appeals holds that this order sufficiently showed an intent by the trial court to grant the post-judgment motion and set aside the summary judgment. Thus, the Court of Civil Appeals denies the plaintiffs’ mandamus petition, which argued that the trial court lost jurisdiction on the 90thday after the filing of the post-judgment motion without entering an order granting that motion. The opinion analyzes a number of cases regarding what kinds of orders will and will not suffice as an order within the 90-day period of Rule 59.1, Ala. R. Civ. P., granting a post-judgment motion.

Related Documents: Ex parte Curry 6-19-15

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