Legal Opinion · Concurring in part, dissenting in part

Beeching v. Levee

Indiana Court of Appeals

Decided February 28, 2002No. 71A03-0103-CV-66Published

1Concurring in part, dissenting in partKirsch, Judge

I respectfully dissent from the majority's decision that the trial court was within *681its discretion in granting a mistrial because it determined that the jury verdiets were inconsistent. As to the remaining issues, I fully concur.

In Cedars ex rel. Cedars v. Waldon, 706 N.E.2d 219, 223 (Ind.Ct.App.1999), cited by the majority, we said that courts should "indulge every reasonable presumption in favor of the legality of the verdict" which should be overturned only "if it is legally or logically inconsistent, contradictory or repugnant such that no judgment can be pronounced upon it." Here, the…

2Cases cited1 opinion

  1. Cedars Ex Rel. Cedars v. WaldonIndiana Court of Appeals · 1999

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