Colquitt v. Hill

BRIGHTMIRE, Judge.

The issue presented for review here brings into focus the authority of a judge, sitting as a court of equity, to grant a new trial “in the interest of equity.”

I

Plaintiff Eva I. Colquitt brought this action to enjoin defendant Frank Hill from carrying on commercial activity — an automobile body and repair business — which she alleged to be in violation of subdivision plat restrictions.

The matter was tried June 24, 1982, at which time judgment was granted to defendants.

On July 2,1982, plaintiff moved the court to vacate such judgment and grant a new trial, alleging surprise at…