Ex Parte Cleveland Consolidated, Inc.

We granted certiorari in this case to determine the effect of Rule 59.1, Alabama Rules of Civil Procedure, when different versions of a post-trial motion are filed at different times. We reverse and remand to the Court of Civil Appeals,435 So.2d 1283, for further proceedings.

The facts are fully disclosed in the opinion of the court below. Petitioner argues before us that the December 18 "amendment" was in reality a new motion and that the 90-day period of Rule 59.1 1 should be applied separately for each motion, as was done in Spina v. Causey, 403 So.2d 199 (Ala. 1981). In that case, which…