Tonkaway Ltd. Partnership v. McLain

SPECIAL TERM OPINION

WOZNIAK, Chief Judge.

FACTS

Respondent landlord prevailed in an unlawful detainer action and a judgment of restitution was entered on October 4, 1988. No appeal was taken from the judgment. Appellant’s motion to vacate the judgment or grant a new trial, alleging errors of law, insufficient evidence to support the decision, newly discovered evidence, and excusable neglect in failing to assert valid defenses, was heard on October 11. The motion was denied by order dated October 14 and filed October 17. This appeal, from the October 17 order denying the post-trial motion, was…