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Publisher Description

Per Curiam Relators, Clark & Company and Phillip Nickerson, seek a writ of mandamus to compel Judge Owen Giles to vacate his order granting a new trial. This order was signed 208 days after the judgment was signed. Relators maintain that the prior judgment was final at the time Judge Giles signed the written order granting a new trial. The trial court therefore had lost jurisdiction over the case. We agree and conditionally grant the writ. In the underlying lawsuit, plaintiff, Phillip Nickerson, obtained a money judgment against the defendant, James Phillips d/b/a Phillips Insurance Agency. This judgment was signed on July 16, 1981. Phillips filed a timely motion for new trial. On July 31, 1981, Judge Giles orally granted the motion for new trial and noted his action on the docket sheet.1 Judge Giles, however, did not sign a written order granting a new trial at this time.

GENRE
Professional & Technical
RELEASED
1982
June 2
LANGUAGE
EN
English
LENGTH
2
Pages
PUBLISHER
LawApp Publishers
SELLER
Innodata Book Distribution Services Inc
SIZE
69.5
KB