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EX PARTE MUTUAL SAV. LIFE INS. CO.

1970424.

765 So.2d 649 (1998)

Ex parte MUTUAL SAVINGS LIFE INSURANCE COMPANY. (In re Mutual Savings Life Insurance Company v. Alsie M. Smith).

Supreme Court of Alabama.

May 22, 1998.

Attorney(s) appearing for the Case

Robert W. Bradford, Jr., and Jeffrey J. Bradwell of Hill, Hill, Carter, Franco, Cole & Black, Montgomery, for petitioner.

Frank H. Hawthorne, Jr., and C. Gibson Vance of Hawthorne, Hawthorne & Vance, L.L.C., Montgomery, for respondent.

HOUSTON, Justice.

On June 27, 1996, Alsie Smith obtained a $625 judgment against Mutual Savings Life Insurance Company ("Mutual Savings"). Because Mutual Savings was satisfied with this result, it did not file a post-judgment motion. However, on July 25, 1996, within 30 days of the entry of the judgment, Smith moved for a new trial, pursuant to Rule 59(a), Ala.R.Civ.P., arguing that the damages award was inadequate in light of the evidence she had presented at trial...

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