DeVittorio v. Werker Bros., Inc.

NAJAM, Judge.

STATEMENT OF THE CASE

Joseph M. and Janet H. DeVittorio (the "DeVittorios") appeal from the trial court's grant of a new trial pursuant to a motion to correct error filed by Werker Brothers, Inc. ("Werker"). The DeVittorios contend that the trial court abused its discretion in granting a new trial pursuant to Trial Rule 59(J) because the court specifically found that no error existed in its original judgment entered following a bench trial.

We agree and reverse.

ISSUE

The DeVittorios raise three issues for our review. Because we conclude that one issue is dispositive, we address only…