Bescar Enterprises, Inc. v. Rotenberger

McCAIN, Judge.

The defendant corporation appeals from an order granting a new trial after the jury had favored it with a verdict.

The verdict was rendered on January 22, 1968. Plaintiff filed a motion for new trial on February 5, 1968. Defendant then moved to strike same as untimely, but the court disagreed and entered its order granting a new trial, stating “* * * the defendant contends that the motion was not timely filed; however, it may be filed within ten days after the verdict, or after Final Judgment, and Final Judgment has not been entered herein.” Among other issues defendant questions…