Legal Opinion · Dissent

Wood v. Courtney

Court of Civil Appeals of Alabama

Decided June 10, 2005No. 2040017Published

1Dissent

I concur in the main opinion as it relates to the affirmance of the trial court's order granting a new trial to Terry. I concur in the result reached by the main opinion in affirming the trial court's order granting a new trial to Tara. As to the main opinion's conclusion that this court must reverse the trial court's decision to grant a new trial to Courtney, however, I respectfully dissent.

As this court has stated:

"We initially note that jury verdicts are presumed to be correct and should not be reversed unless plainly and palpably wrong. Whisenant v. Nationwide Mutual Fire Ins. Co., 577…

2Cases cited4 opinions

  1. Stinson v. Acme Propane Gas Co.Supreme Court of Alabama · 1980
  2. Franklin v. CannonSupreme Court of Alabama · 1990
  3. Whisenant v. NATIONWIDE MUT. FIRE INSURANCE COMPANYSupreme Court of Alabama · 1991
  4. McCullough Appliance, Inc. v. SuitCourt of Civil Appeals of Alabama · 1993

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