KAUGER, J.
¶ 1 The issues presented are: 1) whether, under the facts presented, the motion for new trial filed eleven days after the judgment was filed was timely; and 2) if so, whether the trial court abused its discretion in granting a new trial. We hold that under the facts presented, the motion for new trial was the functional equivalent of a timely motion to vacate and the trial court did not abuse its discretion vacating its judgment and granting a new...
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