Barcai v. Betwee

Concurring Opinion of

ACOBA, J.,

with whom RAMIL, J., joins.

I concur in the result reached but on different grounds. In my view, the following general propositions apply in a case of this nature. On appeal from any modification or reversal of a motion in limine ruling, the question before the appellate court is whether any prejudice was suffered by the party that relied on the original ruling, requiring a new trial. When ruling on a motion in li-mine, the trial court must ascertain whether any determination can appropriately be made before trial. If such can be rendered, the court should so…