Taylor v. F.W. Woolworth Co.

WELLIVER, Judge.

The principal issue in this case is whether an appellate court has the power to remand a case for a direct ruling on a motion for a new trial that has been indirectly overruled by operation of law because there was no direct ruling within the period prescribed by the rules.

I

Appellants brought this action after appellant Flossie Taylor was injured when she slipped and fell in one of respondent’s stores. The jury awarded appellant Flossie Taylor $70,000 for her injuries and awarded appellant Jesse Taylor $2,500 for expenses and loss of his wife’s services. Respondent filed a…