Legal Opinion
Lee E. Allen v. Dr. Allen L. Ault, Etc.
Court of Appeals for the Fifth Circuit
Decided December 22, 1977No. 76-4438PublishedCited by 16 opinions
1Per curiam
This appeal involves the application of Rule 59(b), F.R.Civ.P. 1 The issue is whether the ten-day limit applies to filing as well as to service of the motion. The trial court dismissed defendants’ motion for new trial after finding that the motion, served eight days after entry of judgment but filed one day after the ten-day limit on service, was not timely within the requirement of Rule 59(b). We hold that the ten-day limit of Rule 59(b) does not determine the time for filing of a motion for new trial.
Neither the Supreme Court nor the Fifth Circuit has confronted this issue. A per curiam…
2Cases cited4 opinions
- Keohane v. Swarco, Inc.Court of Appeals for the Sixth Circuit · 1963
- Claybrook Drilling Company, a Corporation v. Divanco, Inc., and Henry D. Hughes, in the Matter of Divanco, Inc., DebtorCourt of Appeals for the Tenth Circuit · 1964
- John T. Martin v. Louis Wainwright, Director, Division of Corrections, Etc.Court of Appeals for the Fifth Circuit · 1973
- Pamela Sue Rulo Sadowski v. Bombardier LimitedCourt of Appeals for the Seventh Circuit · 1975
3Cited by16 opinions
- Harcon Barge Co. v. D & G Boat Rentals, Inc.Court of Appeals for the Fifth Circuit · 1984
- Paxton v. WiebeNorth Dakota Supreme Court · 1998
- Dealeaner Hammond v. Public Finance CorporationCourt of Appeals for the Fifth Circuit · 1978
- Shults v. HendersonDistrict Court, W.D. New York · 1986
- Great American Insurance Company, a Corporation v. George S. Rush, Individually and D/B/A Rush EngineersCourt of Appeals for the Eleventh Circuit · 1982
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