Eastley v. Volkman

{¶ 1} Article IV, Section 3(B)(3) of the Ohio Constitution provides that “[n]o judgment resulting from a trial by jury shall be reversed on the weight of the evidence except by the concurrence of all three judges hearing the cause.” In this case, two judges on the court of appeals panel voted to reverse the judgment on the weight of the evidence but one judge concluded that appellant had waived appellate review of the weight of the evidence by failing to renew her motion for directed verdict or to file a motion for a new trial or for judgment notwithstanding the verdict. Because we hold that…