O'NEIL v. SCHUCKARDT

No. 17520.

777 P.2d 729 (1989)

116 Idaho 507

Jerry Bryant O'NEIL and Jerry Bryant O'Neil, guardian ad litem for David Arthur O'Neil, Wendy K. O'Neil, Laura Beth O'Neil, Sara Louise O'Neil, and Maria Jennifer O'Neil, Plaintiffs-Appellants, v. Francis K. SCHUCKARDT, aka Bishop Francis of Fatima Crusade, Father R. Denis Chicoine, Sister Mary Bernadette, Janet Urban, Alvina Urban, and Christ the King Priory Inc., an Idaho corporation, Defendants-Respondents.

Supreme Court of Idaho.

Rehearing Denied August 25, 1989.


Attorney(s) appearing for the Case

Jerry B. O'Neil, Kallispell, Mont., pro se.

Stephen W. French, of Boise, and Russell K. Jones, of Spokane, Wash., for respondents. Mr. Russell K. Jones argued for respondents.

Respondent Francis K. Schuckardt did not appear.


JOHNSON, Justice.

Several issues have been presented to us in this case. We address only the issue of the timeliness of motions for new trial, since our decision on this issue disposes of the appeal. We hold that the trial court was without jurisdiction to grant a motion for new trial that was not served in a timely fashion under I.R.C.P. 59(b) (1980). The fact that the motion was denominated as an alternative to a timely motion for

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