Waid v. Bergschneider

It is my opinion that the majority erroneously interpret the trial court’s minute entry of December 28th, 1959, relative to its reason for granting defendants’ motion for a new trial. By minute entry of December 22nd, 1959, the court ordered a new trial as to the issue of the amount of damages only. Thereafter on December 28th it specified pursuant to Rule 59(m), Rules of Civil Procedure, 16 A.R.S., the basis for its order:

“That the order of December 22, 1959 granting a new trial herein was made for the reason that the court was of the opinion that there were improper remarks of the…