Legal Opinion · Concurrence

Gibson v. Crain

Court of Appeals of Arkansas

Decided October 1, 1986No. CA 85-306Published

1ConcurrenceMelvin Mayfield, Judge

I concur in the majority opinion, but I want to emphasize the danger that may exist for any who misinterprets the holdings in the cases of Mullen v. Couch, 288 Ark. 231, 703 S.W.2d 866 (1986), and Reynolds v. Spotts, 286 Ark. 335, 692 S.W.2d 748 (1985).

In Mullen, the court held that a trial court loses jurisdiction to rule on a timely motion for new trial 90 days after the judgment is filed with the clerk. In Reynolds, as clarified by the court’s per curiam opinion, issued September 22,1986, in Monk v. Farmers Ins. Co., the court held that a timely motion for new trial is deemed denied 30…

2Cases cited2 opinions

  1. Mullen v. CouchSupreme Court of Arkansas · 1986
  2. Reynolds v. SpottsSupreme Court of Arkansas · 1985

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