Ex Parte Colonial Life & Acc. Ins. Co.

This is a mandamus proceeding challenging the authority of a trial court to set aside a summary judgment more than ninety (90) days after the filing of an application for rehearing (filed within 30 days of the summary judgment). Stated differently, does the ninety (90) days limitation of ARCP rule 59.1 apply to an application for rehearing of the granting of a summary judgment so as to deny the trial court the jurisdiction to rule on the motion?

Post trial motions filed within 30 days of the judgment have generally been held to be ARCP rule 59 motions subject to time limitation of rule 59.1.…