Sharon De La Fuente and Murray De La Fuente, Her Husband, Individually and Doing Business as Tamara's Gardens v. Central Electric Cooperative, Inc
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
On December 2, 1981, following a jury trial on liability, judgment was entered for defendant by the district court. Under Fed.R.Civ.P. 59(b), a motion for new trial must be served within ten days after the entry of judgment. On December 23, 1981, 21 days after the entry of judgment, plaintiffs served a “Motion for New Trial”, which was filed the following day. The district court did not dismiss the motion as untimely, but instead entertained it, and did not deny it until September 13, 1982. Plaintiffs filed a notice of appeal on September 21,1982. Because we conclude that…
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