Wells v. Peery

DOWD, Judge.

Appeal from a civil action wherein plaintiffs-appellants filed a petition seeking damages for personal injuries arising out of an automobile accident with defendant-respondent. As an affirmative defense defendant raised the issue of an alleged rubber stamp release on the back of a check and moved for a separate trial on that issue alone. The motion was granted and the case tried resulting in a jury verdict for the defendant.

Plaintiffs set forth four points the third of which we find dispositive of this appeal. Specifically, plaintiffs contend the trial court erred in not granting…