Case Caption: Marie Augustine Harris, (Appellant/Plaintiff,) v. Rafael Garcia, M.D., Maxwell Martin d/b/a D & D Apothecary Hall Pharmacy, Ernest Roper, John Doe, (Appellees/Defendants.)Case Number: S.Ct.Civ. No.: 2008-082Date: 01/14/2010Author: Hodge, Rhys S. Citation: Summary:

The Supreme Court holds that the Superior Court erred in denying a "motion for reconsideration" of an order dismissing a complaint for lack of subject matter jurisdiction because Superior Court Rule 50, and not Local Rule of Civil Procedure 7.3, governs motions to set aside a final judgment. The Court further holds that thirty-seven days is not an unreasonable amount of time for a litigant to seek relief from a final judgment under Superior Court Rule 50, and that the Superior Court's denial of the motion as untimely was not harmless because the Superior Court could not have denied the motion on other grounds without also abusing its discretion.

Attachment: Open Document or Opinion