Cleveland v. Hare

The original opinion is withdrawn and the following corrected opinion is substituted therefor.

On April 25, 1978, appellants suffered summary judgment. On May 26,1978, they filed a “MOTION FOR RECONSIDERATION AND MOTION FOR STAY” which we consider to be a Rule 59 ARCP motion. This appeal is due to be dismissed for two reasons. First, the motion was filed more than 30 days after entry of judgment and therefore is untimely. Second, had the motion been timely filed, the appeal was not taken within 42 days after the motion was deemed denied by operation of Rule 59.1, ARCP. The trial court ordered…