Kirby v. Rosell

OPINION

OGG, Presiding Judge.

The issue raised in this appeal is whether the trial court abused its discretion by granting a motion for new trial on the basis of a juror’s affidavit that the jury considered notes from a business law textbook which were not part of the evidence.

Appellant Robert Kirby brought a complaint against appellees Joe X. and Sharon Rosell alleging fraud in connection with business transactions between the parties. The Rosells denied the allegations and counterclaimed for breach of contract. Following a jury trial, a verdict was returned awarding Kirby $18,000 in damages.…