Diaz v. Chapman

BRADLEY, Judge.

A jury returned a verdict for plaintiff in the amount of $1,000 without interest in plaintiff’s suit to enforce a Mississippi judgment. Plaintiff moved for a new trial on the grounds of the inadequacy of the verdict. This motion was deemed denied after the lapse of ninety days pursuant to Rule 59.1, ARCP, and plaintiff appeals. We agree with plaintiff that his motion for a new trial should have been granted, and reverse.

The record reveals that in February 1965 plaintiff Diaz, a Mississippi resident, obtained a consent judgment in the amount of $6,000 against defendant Chapman,…