Ex Parte Oliver

We granted this petition for writ of certiorari in a case of first impression in order to review the Court of Civil Appeals' holding, 532 So.2d 625, that if a motion for new trial, based on multiple grounds, is granted, but the reason for granting the motion is not set out, then the reviewing court will assume that the ground was the weight and preponderance ground, if that ground was asserted, and will apply the Jawad standard of review, Jawad v. Granade, 497 So.2d 471, 477 (Ala. 1986), to the trial court's decision, and if the weight and preponderance ground is unable to withstand the…