Douglas

Plaintiff recovered judgment on a jury verdict in an action for slander; subsequently the trial court entered an order granting defendant’s motion for a new trial. Plaintiff appeals from the order; defendant appeals from the judgment.

The judgment awarding plaintiff $50,000 compensatory damages was entered June 21, 1972. On June 22, 1972, plaintiff served on defendant by mail notice of entry of judgment, and on June 23, 1972, the clerk of the court served notice of entry of judgment on defendant. On July 10, 1972, defendant filed notice of intention to move for a new trial; thereafter plaintiff filed notice of motion to strike notice of intention to move for a new trial on the ground that it “was not timely filed and that such filing is jurisdictional.” After a hearing the motion to strike was denied on the ground that “plaintiff failed of strict compliance with the statutory requirements.” Subsequently defendant’s motion for a new trial was granted and the court filed its specification of reasons in support thereof.

Viewing the record in light of applicable statutory and case law authority we conclude that defendant’s notice of intention to move for a new trial was not…