Coupon Redemption, Inc. v. Ramadan

PRESIDING JUSTICE McNAMARA,

dissenting:

I respectfully dissent from the majority decision reversing the judgment for defendant and finding that plaintiff’s evidence demands such weight that the trial court, sitting without a jury, was required to find in plaintiff’s favor. I believe the evidence sufficiently supports the trier of fact’s findings, and I would affirm its judgment for defendant.

The trial court found that the documentary evidence offered by plaintiff was insufficient to meet plaintiff’s burden of proof. The effect of documentary evidence is controlled by the nature of the document…