Jenkins v. Eberhart

I concur in the judgment and opinion overruling appellants’ assignment of error, and affirming the judgment of the court below, but would add the following. The principal opinion does not explicitly address the issue of whether the trial court’s January 18, 1990 judgment overruling appellants’ Civ.R. 59(A)(1) and (7) motion for a new trial was proper. However, appellants’ February 9, 1990 notice of appeal in the instant case was from the judgments entered “on January 10, 1990 and January 18, 1990.” Moreover, appellants’ brief on appeal contains the argument that “[t]he trial court should…