Moran v. North County Neurosurgery, Inc.

SMITH, Judge.

Defendants appeal from an order granting plaintiff’s motion for new trial. Contrary to Rule 78.03 the trial court gave no reason for granting the new trial. Pursuant to Rule 84.05(b) defendants requested the plaintiff to file the original brief. We reverse.

Because of the failure of the trial court to comply with Rule 78.03 our scope of review is limited. We may not indulge in any presumption that the new trial was granted on discretionary grounds; we presume the new trial was granted erroneously; the burden is upon plaintiff to establish reversible error on the record; in meeting…