Fazio v. Russell Building Movers, Inc.

We find no merit in any of the contentions raised by plaintiff Nunzio Fa-zio in this appeal save one, namely, that the trial court, in effect, refused to exercise its discretion when ruling on appellant’s motion for new trial. At the hearing on the plaintiff’s motion for new trial, the trial court stated:

“THE COURT: You can amend, but I made it a policy that I don’t grant new trials unless something brand new has happened since the trial.

If you are going on the basis of what took place at the trial, I don ⅞ grant a new trial because I heard it, I ruled.

Anything you disagree with, take an…