Reichhold Chemicals, Inc. v. Omni-Vest, Inc.

This case is being reconsidered upon ap-pellee’s motion for rehearing as to this court’s order striking appellee’s cross-assignments of error. The sole issue is whether a claimant may enter a remittitur, and then, upon appeal by the defendant in whose favor the remittitur was ordered, cross-assign as error the order directing a new trial unless the remittitur be entered.

Appellee, Omni-Vest, initially brought suit against appellant Reichhold for breach of contract. The jury returned a verdict in favor of the claimant in the amount of $75,000. Thereafter, the trial court entered an order…