TGM Ashley Lakes, Inc. v. Jennings

I respectfully dissent. Because the defendants rested without introducing any evidence, they were entitled to open and conclude the closing arguments. The defendants did not lose this right when the trial court exercised its discretion to allow defense counsel to directly examine defendants called by the plaintiffs for cross-examination during the plaintiffs’ case. The trial court’s refusal, over objection, to allow the defense to open and conclude argument was reversible error requiring a new trial.

The record shows that the plaintiffs rested their case after calling numerous witnesses,…