Miller v. Varity Corp.

OPINION

I respectfully concur in result. I would affirm the judgment on the ground that the issues on appeal were not properly preserved by a timely motion for new trial. On the merits, I agree that Plaintiffs made a submis-sible case but cannot join in the majority’s analysis of the issue.

It is undisputed that Defendant’s motion for new trial was untimely if, in fact, it was filed on January 10, 1995 as indicated by the official clerk’s stamp on both the motion and the envelope it apparently arrived in, as well as the official minute entries filed by the clerk’s office. The trial court,…