Opinion

Vaughan v. Oliver

  • 822 So. 2d 1163
  • 2001 WL 1143713
Court
Supreme Court of Alabama
Filed
Sep 28, 2001
Status
Published
Author
See
On the bench
Johnstone, Otherwise, See
Cited by
18 cases

the grant or denial of a motion for a new trial is within the sound discretion of the trial court, and its ruling on such a motion will *1107 not be reversed unless that ruling constituted an abuse of discretion

How later courts described this case

  • the grant or denial of a motion for a new trial is within the sound discretion of the trial court, and its ruling on such a motion will *1107 not be reversed unless that ruling constituted an abuse of discretion
  • “Rule 50(a), Ala. R. Civ. P., now designates a motion for a directed verdict as a motion for a judgment as a matter of *1013 law, and Rule 50(b) now designates a motion for [a judgment notwithstanding the verdict] as a renewed motion for a judgment as a matter of law.”
  • "`Where all the evidence is not in the record, it will be presumed that the evidence was sufficient to sustain the verdict or judgment.'"

Written by the judges who cited it.

Distinguished

  • Distinguished by Lloyd Noland Hosp. v. Durham, 2005 Ala. LEXIS 7 (2005)

    Thus, Vaughan is inapposite.
    Supreme Court of AlabamaJan 7, 2005Read it

The opinion

I concur only in the result in Part II.A. of the main opinion. As to all remaining portions of the opinion, I concur. *Page 1180

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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