Jerry Bryant O'Neil and Jerry Bryant

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 judgment notwithstanding the verdict does not change the result. We also hold that
where a judgment is reinstated as directed by this Court in an appeal from the granting of a motion notwithstanding the verdict,
a motion for new trial based on the reinstated judgment is not timely. I.