Patton v. Cleveland Consolidated, Inc.

EDWARD N. SCRUGGS, Retired Circuit Judge.

This is a workmen’s compensation case.

The trial court, in substance, granted the employer’s rule 59, A.R.Civ.P., motion thereby altering or amending its prior judgment by drastically reducing the award of compensation to the employee. An appeal was duly taken by the employee who contends that such judgment of the trial court was a nullity since the employer’s post-trial motion had previously been denied by operation of law under the mandate of rule 59.1. We reverse and render.

The short and undisputed facts which are pertinent to the present problem are…