W.E. Pender & Sons, Inc. v. Lee

JOSEPHINE LINKER HART, Judge,

dissent on denial of rehearing.

I rThis court reversed the granting of a new trial. Burton Lee’s petition for rehearing argues that the majority misapplied the standard of review. I agree. Numerous cases in which our appellate courts have reviewed grants of new trial have repeatedly observed that a stronger showing of abuse of discretion is necessary when a new trial has been granted, on the theory that the beneficiary of the verdict that was set aside will have another opportunity to prevail and has less basis for a claim of prejudice than does one who has…