Colvin v. Abbey's Restaurant, Inc.

The principal issue presented is whether, in the circumstances of this case, the court of appeals had jurisdiction to address Hartville Pantry’s assignments of error that were unrelated to the trial court’s decision to grant a new trial. In other words, when a trial court orders a new trial pursuant to the specific terms of Civ.R. 49(B), does the court of appeals have jurisdiction to consider any alleged error that arose during the course of the trial, or is the court of appeals limited to considering the propriety of the new-trial order and nothing more?

For the reasons that follow, we…