HOWARD v. McMILLIAN

Civ. 4948.

480 So.2d 1251 (1985)

Nolan HOWARD v. Jackie McMILLIAN.

Court of Civil Appeals of Alabama.

November 20, 1985.


Attorney(s) appearing for the Case

L. Joel Collins, Smith & Collins, Phenix City, for appellant.

John S. Casey, Heflin, for appellee.


EDWARD N. SCRUGGS, Retired Circuit Judge.

This is a promissory note case.

The plaintiff's civil action was dismissed by the trial court for want of prosecution. The plaintiff filed his motion for a new trial, and after ninety days from its filing, it was overruled by operation of rule 59.1 of the Alabama Rules of Civil Procedure, which provides in pertinent part that a failure by a trial court to dispose of any pending postjudgment motion within ninety days...

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