Ex Parte Sherer Timber Co., Inc.

KENNEDY, Justice.

James H. Sherer received a final judgment in a workmen’s compensation action against Sherer Timber Company, Inc., on June 19, 1990. On July 2, 1990, Sherer Timber filed a motion to alter, amend, or vacate the judgment, pursuant to Rule 59, A.R.Civ.P. The case action summary sheet shows that the Rule 59 motion was “continued by agreement” of the parties on August 2, 1990. On August 31, 1990, James Sherer filed an objection to the Rule 59 motion.

On November 14, 1990 (135 days after the Rule 59 motion was filed), the Rule 59 motion was set for hearing on December 3, 1990. The…