Musselwhite v. Charboneau

GRIFFIN, Chief Judge.

Appellant appeals folio-wing the entry of an order granting a rehearing in a civil non-jury case. The rehearing order allows for the reopening of the case to take evidence on one of two claims tried to the court. We deem the order to be the equivalent of an order granting new trial. Under the circumstances, we find no abuse of discretion in the lower court’s decision to allow additional testimony in support of the specific performance claim. We have some concern about whether specific performance is appropriate in this case since the ability of appellant to deliver *200marketa…