Theobault-Olson Co. v. Petta

SUPPLEMENTAL OPINION ON DENIAL OF PETITION FOR REHEARING

In its petition for rehearing, plaintiff seeks to contradict the record it filed in this court. An affidavit of plaintiff’s counsel alleges that a written motion to vacate the judgment and for a new trial as to all defendants was filed on April 7, 1971; that at the hearing on April 28 the motion was withdrawn as to all defendants except Sheriff Woods; that the trial judge physically removed plaintiff’s post-trial motion from the file and gave no explanation therefor; that he refused to make any written findings as to his reason for…