Howard v. McMillian

This is a promissory note case.

The plaintiff's civil action was dismissed by the trial court for want of prosecution. The plaintiff filed his motion for a new trial, and after ninety days from its filing, it was overruled by operation of rule 59.1 of the Alabama Rules of Civil Procedure, which provides in pertinent part that a failure by a trial court to dispose of any pending postjudgment motion within ninety days of its filing shall constitute a denial of such motion as of the date of the expiration of the period.

The plaintiff timely appealed and raises one issue: whether the trial court…