EX PARTE COLONIAL LIFE & ACC. INS. CO.

Civ. 2924.

410 So.2d 73 (1982)

Ex parte COLONIAL LIFE & ACCIDENT INSURANCE COMPANY. (Re Arnold McKINLEY v. COLONIAL LIFE & ACCIDENT INSURANCE COMPANY).

Court of Civil Appeals of Alabama.

February 10, 1982.


Attorney(s) appearing for the Case

David Scott Wright of Brown, Hudgens, Richardson, Whitfield & Gillion, Mobile, for petitioner.

Kenneth Cooper, Bay Minette, for respondent.


PER CURIAM.

This is a mandamus proceeding challenging the authority of a trial court to set aside a summary judgment more than ninety (90) days after the filing of an application for rehearing (filed within 30 days of the summary judgment). Stated differently, does the ninety (90) days limitation of ARCP rule 59.1 apply to an application for rehearing of the granting of a summary judgment so as to deny the trial court the jurisdiction to rule on the motion?

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