Holmes v. Crossroads Joint Venture

Because I disagree with the majority’s conclusion that a new trial on damages is warranted in this case, I respectfully dissent.

STANDARD OF REVIEW

I agree with the majority that an abuse of discretion standard is the proper standard regarding a motion for new trial. However, I disagree with the majority’s application of the abuse of discretion standard insofar as the majority asserts that this court must view the facts on appeal in the light most favorable to the trial court’s decision. I believe this court’s established precedent requires that we view the facts in the light most favorable to…