LEAR, Judge.
On September 25, 1981, after a trial on the merits, judgment was rendered in favor of plaintiff-appellee. On that same date a motion for a new trial was filed by defendant-appellant. On September 28, 1981, a formal judgment was signed by the trial court. Defendant filed a motion for devolutive appeal on October 2, 1981, which motion was denied by the trial judge, due to the fact that defendant's motion for a new trial was then pending. Defendant's motion...
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