Altheide v. O'Callaghan

On Rehearing

Carson, J.

— A re-examination of the record in the above action indicates that the record does not show a statement of reasons by the trial court for sustaining the motion for new trial.

This court has previously held in Bailey v. Kain (1963), 134 Ind. App. 238, 187 N. E. 2d 366, that it is necessary that the trial judge certify in writing his specific reasons for sustaining a motion for new trial.

In order to keep the record consistent and have it complete for our consideration we are holding in abeyance the ruling on the petition for rehearing pending receipt from the trial court…