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.
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