MURRAH, Chief Judge.
This is a motion to dismiss defendant-appellant's appeal for lack of jurisdiction due to untimely notice of appeal.
The uncontroverted facts are that following the trial court's judgment for plaintiff, the defendant filed, but did not serve, a motion for new trial. And, timely filing and service are both prerequisite to an effective motion for new trial. See Rule 59(b) and Rule 5 F.R. Civ.P., 28 U.S.C.A.; Brest v. Philadelphia Transportation...
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