Market Place Shopping Center, L.P. v. Basic Business Alternatives, Inc.

I respectfully dissent because the trial court’s judgment must be affirmed. This case was tried once before, and in the course of the trial now on appeal, the court made clear that it would base its decision on the evidence produced at the first trial as well as that produced in the second. The court stated: “I intend to use the records as I’ve tried this case once before. It’s not like a jury trial where they’ve never heard the evidence; I’ve heard this evidence once before. ... I do not intend to retry this entire case.”

We do not have before us the record in the first trial, and thus we…