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BURGESS v. BURGESS

Civ. 5083.

486 So.2d 1300 (1986)

David Ronald BURGESS v. Martha Jean BURGESS.

Court of Civil Appeals of Alabama.

March 19, 1986.

Attorney(s) appearing for the Case

Jerry Guyton, of Vinson, Guyton & Wood, Hamilton, for appellant.

M. Lionel Leathers, of Hollis & Leathers, Winfield, for appellee.

EDWARD N. SCRUGGS, Retired Circuit Judge.

This is a divorce case.

The husband's motion for a new trial was filed on May 29, 1985. The trial court's order thereon dated August 29, 1985 was a nullity, since the husband's motion had been overruled by operation of Rule 59.1, A.R.Civ.P., as of August 27, 1985. Carnes v. Carnes, 365 So.2d 981 (Ala.Civ.App.1978), cert. denied, 365 So.2d 985

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