Boone v. Goodwin

Moore, Justice:

This is an appeal from the granting of a motion for a new trial. We reverse.

FACTS

On Mach 2, 1993, following a two-day personal injury trial, the jury returned a verdict for appellant. Respondent declined to make any motions. On March 4th, respondent moved for a new trial or judgment notwithstanding the verdict (JNOV). On April 5th, the trial judge granted respondent’s motion and ordered a new trial finding it within the trial judge’s discretion to entertain such a motion.

ISSUE

Did respondent timely move for a new trial?

DISCUSSION

Rule 59(b), SCRCP, provides in part: “The motion…