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: Alabama Appellate WatchTrial Court Has Discretion To Accept New Arguments On Rule 59 Motion
In Woodruff v. Woodruff, [Ms. 2070602] (Ala. Civ. App. May 8, 2009), the Court of Civil Appeals noted the "well settled" rule that "a trial court has the discretion to consider a new legal argument in a post-judgment motion, but is not required to do so,' and that '[w]e will reverse only if the trial court abuses that discretion." Slip Op. p. 14, quoting Steele v. Rosenfeld, LLC, 936 So. 2d 488, 494 (Ala. 2005). Here, the trial court refused to consider a new argument raised for the first time in a Rule 59 motion, and there was no abuse of discretion.
Full post as published by Alabama Appellate Watch on May 15, 2009 (boomark / email).
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