Shelton v. Shelton

The majority thinks the judge was wrong and substituted his judgment for that of the jury. I think the majority is confusing its role with that of the trial judge. We have consistently upheld the trial judge’s power to examine a verdict, weigh the evidence and finally decide, as a check against passion and prejudice, whether a verdict stands or not. Brant v. Sorrells, 293 Ark. 726, 737 S.W.2d 450 (1987); Saber Mfg. Co. v. Thompson, 286 Ark. 150, 689 S.W.2d 567 (1985); Clayton v. Wagnon, 276 Ark. 124, 633 S.W.2d 19 (1982).

We did not hear the testimony and cannot determine the credibility of…