Farmer v. Jackson

In Farmer v. Jackson, 553 So. 2d 550, 552 (Ala. 1989), the trial court, in response to a postjudgment motion, and within 90 days after it had entered the judgment, entered an order by which it indicated it would "reconsider" its judgment. However, it did not, within the 90 days allowed by Rule 59.1, rule on the merits of the postjudgment motion and either grant it or deny it. The Court stated: "A trial court, by issuing an order agreeing to 'reconsider' its earlier decision, does not extend the 90-day period, nor will a trial court's decision to rehear the matter be considered a disposition of the post-judgment motion within the meaning of Rule 59.1 The merits of the post-judgment motion must be ruled on within the 90-day period in order to avoid the denial mandated by Rule 59.1." (553 So. 2d at 552.)