W.E. Pender & Sons, Inc. v. Lee

Orders granting a new trial are as rare as hen’s 117teeth. Their rarity is reflected in the extraordinary deference we owe the circuit court in this situation. As our court recognizes, we review for an abuse of discretion. Among other things, discretion abused is discretion exercised thoughtlessly and without due consideration. E.g., Carlew v. Wright, 356 Ark. 208, 212, 148 S.W.3d 237, 240 (2004). Deferential in general, that standard of appellate review embodies a spectrum of more or less deference depending on the nature of the judgment call under review. Henry J. Friendly, Indiscretion…