H. R. Lee Investment Corp. v. Groover

Clark, Judge.

The sole issue presented in this appeal from the overruling of appellant’s motion for new trial is whether the trial court erred in finding that the motion was not timely filed.

The record shows that a jury verdict for appellee was rendered on October 6,1975 followed by entry of judgment on the same date. Thereafter appellant filed its motion for a new trial. The motion was marked as "filed” on November 10, 1975, by the clerk’s office. The accompanying rule nisi order, setting the new trial motion for hearing, was dated November 7. Appellee moved to dismiss the new trial motion on…