Continental Construction v. Cox & Palmer Construction

Appellant, Plaintiff below, seeks review of an order granting a new trial which set aside a County Court judgment. Although not raised by the parties, our independent review of records reveals that the final judgment was signed May 11, 1983, filed May 11, 1983 and recorded May 16, 1983. The motion for new trial was served by mail on May 23, 1983 and filed of record on May 31, 1983.

Summary Procedure Rule 7.180 states in relevant part:

A motion for new trial shall be filed not later than ten days after rendition of the judgment, (emphasis supplied)

No matter how one calculates the time, it is…