State Highway Commission v. Fisch-Or, Inc.

This is a state highway condemnation case. The jury awarded the landowner substantially less than the landowner had sought. The trial court, believing that the jury had been incorrectly instructed, granted a new trial. The commission now appeals from the *414order setting aside the verdict and granting a new trial.

The first question is whether or not, at the time it allowed the landowner’s motion for a new trial, the trial court had jurisdiction of the motion. If the time during which the court lawfully could act had expired, then the order granting a new trial would be void and it would not be…