Wal-Mart Stores, Inc. v. Isely Ex Rel. Isely

David Newbern, Justice.

This case concerns the granting of a new trial on the ground of juror misconduct. The appellant, Wal-Mart Stores, Inc., contends the Trial Court lost jurisdiction by failing to rule on the motion within 30 days after it was filed, as required by Ark. R. App. P. 4(c) (1991). We agree.

Dr. William Isely brought a personal injury action against Wal-Mart on behalf of his minor daughter, Alison. The jury returned a unanimous verdict in Wal-Mart’s favor, and judgment was entered on April 2, 1991.

Dr. Isely filed a new trial motion on April 9,1991. A hearing on the motion was…