Rohde v. Farmer

The ultimate question presented for determination by this court is whether the trial court erred in sustaining defendant’s motion for a new trial.

In approaching the solution to this question we are confronted, first, with the question of whether our holding in Price v. McCoy Sales & Service (1965), 2 Ohio St. 2d 131 (that the granting of a motion for new trial is a “final appealable order”), overruled, modified or in any way affected our holding in Poske v. Mergl, supra (169 Ohio St. *8770) (that the granting of not more than one new trial on the basis of insufficient credible evidence rests…