Gantt v. Sweatman

Pope, Judge.

1. Appellant filed a timely motion for new trial on September 12,1980. The rule nisi entered on that date set the matter down for hearing to be held on November 6,1980. The record discloses that on September 18,1981 the trial court denied appellant’s motion without ever having a hearing thereon. Our Supreme Court has held “that the statutes pertaining to motions for new trial clearly indicate that a movant for new trial is entitled to a hearing; that the statutory provisions for hearing are consonant with the constitutional requirements for procedural due process; and that a…