Hanna v. Wagner

Appellant and appellee argue the applicability of Civ. R. 50 and 59. We fail to see any relevancy of those rules under the present posture of this case. See Civ. R. 1(C)(1).

We are of the opinion that the resolution of the matter before this court lies in App. R. 12, which has no counterpart rule in the Federal Rules of Appellate Procedure. Appellee in support of the position taken by the Court of Appeals cites App. R. 12(A). Although this rule has application in many situations, it has none here since the appeal taken was from the order of the trial court overruling the motion for a new…