Highland Gardens Nursery, Inc. v. North American Developers, Inc.

HENLEY, Judge.

The basic question presented in this case is whether the trial court may extend beyond ninety days the time within which it may rule upon a motion for new trial1 and thus postpone the date when a judgment becomes final for the purpose of appeal.2 We hold that the court may not do so.

This case is a consolidation of two suits into one equitable mechanics’ lien proceeding, involving multiple parties, claims and cross-claims. Briefly, the background facts are as follows. Highland Gardens Nursery, Inc., et al., sued North American Developers, Inc., and another (hereinafter North…