Legal Opinion · Dissent

Johnson v. Aladan Corp.

Court of Civil Appeals of Alabama

Decided September 5, 1997No. 2960736Published

1DissentCrawley, Judge

I conclude that the trial court did not abuse its discretion by denying Johnson’s motion for a new trial; therefore, I must respectfully dissent.

*1265The grant or denial of a motion for new trial is within the wide discretion of the trial court, and absent an abuse of that discretion, the trial court’s judgment will not be reversed. Johnson v. Cullman Medical Center, 615 So.2d 621 (Ala.Civ.App.1992). Johnson alleges three grounds for which she is entitled to a new trial: (1) newly discovered evidence; (2) fraud; and (3) the judgment fails to do justice.

Johnson first argues that the “newly…

2Cases cited6 opinions

  1. Ensley Holding Co. v. KelleySupreme Court of Alabama · 1934
  2. Pace v. JordanCourt of Civil Appeals of Alabama · 1977
  3. Shiver v. WaitesSupreme Court of Alabama · 1981
  4. Hamrick v. HamrickCourt of Civil Appeals of Alabama · 1987
  5. Johnson v. Cullman Medical CenterCourt of Civil Appeals of Alabama · 1992

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