Lee v. Elliott

CARROLL, Judge.

The appellant, who was the defendant below, appeals from an order granting a new *170trial in an automobile accident case, following a jury trial which resulted in a verdict for the defendant.

One of the two plaintiffs filed a motion for new trial, which the court denied. Thirty-eight days later that plaintiff moved for rehearing of the order denying his motion for new trial. The trial court granted the motion for rehearing, vacated the final judgment and ordered a new trial. The appellant contends (1) that the court committed error in entertaining the motion for rehearing and (2)…