In a medial malpractice action, defendant’s motion to dismiss the appeal is denied as, where a party files a valid motion for new trial, and the trial court issues a timely order denying that motion but no one serves the order or notice of entry of that order, then the applicable deadline for filing the notice of appeal from the judgment is 180 days after entry of judgment.
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Appellate Information
Filed February 11, 2010
Judges
Opinion by The Court
CounselFor Appellant: Schultz and Associates and Robert Schultz
For Appellee: Carroll, Kelly, Trotter, Franzen & McKenna, Robert L. McKenna, David P. Pruett and Maria E. Pappas
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