Lemley v. Wilson

I respectfully dissent from the majority’s decision to reverse the trial court’s order granting Terry Wilson’s motion for a new trial and to remand this case for the trial court to reinstate the jury’s verdict and to enter a judgment thereon.

The majority correctly states the standard of review, as follows:

“‘The standard of review to be applied by this Court in reviewing the granting of a motion for a new trial is set out in Jawad v. Granade, 497 So.2d 471, at 477 (Ala.1986):

“ ‘ “[A]n order granting a motion for new trial on the sole ground that the verdict is against the great weight or…