Desmond v. J. W. Hancock Enterprises, Inc

In Desmond v. J. W. Hancock Enterprises, Inc., 123 Ariz. 474, 475, 600 P.2d 1106, 1107 (1979), the issue was whether appellant's "motion for clarification and reconsideration" could be considered a time extending motion for a new trial. The court found the motion must be treated as a motion for a new trial because it referred to Rule 59 and sought relief on grounds set forth in the Rule. Thus, because it qualified as a motion under Rule 59, it tolled the time for appeal. Id. at 475, 600 P.2d at 1107.