Frazier v. Seaboard System Railroad

ON MOTION TO DISMISS

Appellee moves to dismiss this cause for lack of jurisdiction because the notice of appeal was not timely filed. After an adverse jury verdict and entry of judgment, appellee filed a timely motion for new trial and alternative motion for judgment notwithstanding the verdict (J.N.O.V.). On December 5, 1985, the trial court granted appellee’s motion for new trial, without expressly ruling on the alternative motion for J.N.O.V. Appellant filed a motion for rehearing of that order ten days thereafter. The trial court denied appellant’s motion for rehearing on January 9, 1986.…