Tinsley v. Talbott

EDWARD N. SCRUGGS, Retired Circuit Judge.

This appeal concerns a trial court’s right on its own initiative to order a remittitur, and the procedure to be followed therein.

The jury returned its verdict in favor of the plaintiff, Mr. Tinsley, for $9,000. Ex mero motu, the trial court immediately found that the verdict was excessive and was not supported by the weight of the evidence. The court then ordered that the amount of the verdict be remitted to $2,000. That judgment was amended on the following day so as to provide a judgment for the plaintiff in the amount of $2,565.95.

Rule 59(d),…