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§12-990.2.
§12-990.2.
A. Post-Trial Motions Filed Within Ten (10) Days. When a post-trial
motion for a new trial, for judgment notwithstanding the verdict, or
to correct, open, modify, vacate or reconsider a judgment, decree or
final order, other than a motion involving costs, attorney's fees or
interest, is filed within ten (10) days after the judgment, decree or
final order is filed with the court clerk, an appeal shall not be
commenced until an order disposing of the motion is filed with the
court clerk. The unsuccessful party may then appeal from the order
disposing of the motion within thirty (30) days after the date such
order was filed. If the decision on the motion was against the moving
party, the moving party may appeal from the judgment, decree or final
order, from the ruling on the motion, or from both, in one appeal,
within thirty (30) days after the filing of the order disposing of the
motion. Successive appeals from the original judgment, decree or final
order and the order disposing of the motion shall not be allowed.
B. Post-Trial Motions Filed After Ten (10) Days. The time to appeal
from a judgment, decree or final order is not extended or affected by
the filing of a motion to correct, open, modify, vacate or reconsider
the judgment, decree or final order that is filed more than ten (10)
days after the judgment, decree or final order is filed with the clerk
of the trial court, and an appeal that is commenced before such a
motion is filed is not premature. If the motion is filed after a
petition in error is filed, the moving party shall advise the Supreme
Court the motion was filed. If a petition in error is filed after such
a motion is filed, the appellant shall advise the Supreme Court in the
petition in error that the motion is pending. When the trial court
disposes of the motion where a petition in error has been filed, the
successful party shall advise the Supreme Court of the action taken on
the motion.
C. If the appellant did not prepare the judgment, decree, or final
order, and Section 696.2 of this title required a copy of the
judgment, decree, or final order to be mailed to the appellant, and
the court records do not reflect the mailing of a copy of the
judgment, decree, or final order to the appellant within three (3)
days, exclusive of weekends and holidays, after the filing of the
judgment, decree, or final order, all times referred to in this
section shall run from the earliest date on which the court records
show that a file-stamped copy of the judgment, decree, or final order
was mailed to the appealing party, rather than from the date of
filing.
D. Costs, Attorney's Fees and Interest. The filing of a motion for
costs, attorney's fees or interest shall not extend or affect the time
to appeal.
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