Legal Opinion · Dissent

Roger D. Levy v. Elizabeth Jackson

Indiana Court of Appeals

Decided June 11, 2015No. 29A02-1407-CT-482Published

1DissentRobb, Judge

[13] At the outset of the decision in Weida, the court stated:

Setting aside a verdict because the trial court concludes that it is against the weight of the evidence is a weighty but well-recognized power of common law judges. Our rules require a judge who exercises this power to describe the reasons in some detail. When the trial court acts without giving reasons, the verdict should be reinstated on appeal.

849 N.E.2d at 1148 (emphasis added). The trial court in that case had not only failed to make special findings, it “[did] not even ‘specify the general reasons’ why corrective relief was…

2Cases cited4 opinions

  1. Nissen Trampoline Co. v. Terre Haute First National BankIndiana Supreme Court · 1976
  2. State v. WhiteIndiana Supreme Court · 1985
  3. Debra L. Walker v. David M. PullenIndiana Supreme Court · 2011
  4. American Family Home Insurance Co. v. BontaIndiana Court of Appeals · 2011

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