Cruz v. Beckham

By this proceeding, the appellant [who was the defendant in the trial court] seeks review of an order granting the appellee [the plaintiff in the trial court] a new trial.

Subsequent to a jury verdict in favor of the defendant in the trial court proceeding, apparently a motion for new trial with attachments was presented to the trial judge who entered the order under review, finding that the plaintiff “did not receive a fair trial”. We are called upon to review the propriety of this order without the benefit of the motion for new trial, affidavit and other matters recited by the trial judge to…