Harry v. Fairlane Club Properties, Ltd

Plaintiffs, James and Beverly Harry, appeal the denial of their motion for a new trial.

On June 20, 1979, following a lengthy trial, a jury found that plaintiffs had established no cause of action against defendants Fairlane Club Properties, Ltd., Webster-Buell, Inc., and Nordstrom-Samson and Associates. Plaintiffs’ immediate motion for mistrial, based in part on the failure to send certain exhibits to the jury room during deliberations, was denied by Judge Horace W. Gilmore, the trial judge. On June 20, 1980, Judge Gilmore filed a written opinion in which he found that he had erred in not…