Warren v. Zimmerman

OPINION

SPIESS, Chief Judge.

This appeal is from an order granting a new trial entered upon a timely motion filed by plaintiff following a judgment upon a jury verdict in defendant’s favor.

Plaintiff has moved to dismiss the appeal upon the ground that the order' granting a new trial is not appealable. We so hold, and dismiss the appeal. Our Rules of Civil Procedure relating to a party’s motion for a new trial, material here, are set forth in § 59(a) and (b) [§ 21-1-1(59) (a) (b), N.M.S.A.1953, Repl.Vol. 4] of the Rules of Civil Procedure. The pertinent portion of the rules follows:

“A new trial…