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State v. Blackburn

655 So. 2d 948 (Ala. 1995)
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State v. Blackburn

7 Citing cases

  1. Third Generation, Inc. v. Wilson

    668 So. 2d 518 (Ala. 1995)   Cited 5 times

    From the outset, we recognize that "[w]hen the trial court grants a motion for new trial, without specifying the grounds therefor, the ruling must be sustained on appeal if any good ground is presented by the motion." State v. Blackburn, 655 So.2d 948, 949 (Ala. 1994). However, if the trial court's order granting a new trial does not state a specific ground for granting a new trial and this Court determines that no ground, other than a "great weight and preponderance of the evidence" ground, supports the new trial motion, we must then conclude that the "great weight and preponderance of the evidence" ground was the basis for the order.

  2. Bird v. Metropolitan Life Ins. Co.

    705 So. 2d 363 (Ala. 1997)   Cited 5 times
    In Bird v. Metropolitan Life Insurance Co., 705 So.2d 363, 365 (Ala. 1997), this Court, citing Rule 59, Ala. R. Civ. P., stated that preservation of error was a requisite for the granting of a new trial: "A trial judge may grant a new trial on the ground that an error of law occurred at the trial, if the issue was properly preserved.

    Jawad v. Granade, 497 So.2d 471 (Ala. 1986); Ex parte Oliver, 532 So.2d 627 (Ala. 1988); Northeast Alabama Reg. Med. Center v. Robinson, 548 So.2d 439 (Ala. 1989). State v. Blackburn, 655 So.2d 948, 949 (Ala. 1994). The defendants assigned 38 grounds in their motion for a new trial.

  3. Housing Auth. of Birmingham v. Pritchett

    927 So. 2d 825 (Ala. Civ. App. 2005)

    Jawad v. Granade, 497 So.2d 471 (Ala. 1986); Ex parte Oliver, 532 So.2d 627 (Ala. 1988); Northeast Alabama Reg. Med. Center v. Robinson, 548 So.2d 439 (Ala. 1989).'" Bird v. Metropolitan Life Ins. Co., 705 So.2d 363, 365 (Ala. 1997) (quoting State v. Blackburn, 655 So.2d 948, 949 (Ala. 1994)). In light of the above-quoted standards, and given the record before us, I am convinced that any error by the trial court in failing to address Pritchett's motion for a new trial was harmless, see Rule 45, Ala. R.App. P., and I see no need to remand this case for the trial court to rule on Pritchett's motion for a new trial.

  4. Housing Aut. Birmingham v. Pritchett

    924 So. 2d 716 (Ala. Civ. App. 2005)

    Jawad v. Granade, 497 So.2d 471 (Ala. 1986); Ex parte Oliver, 532 So.2d 627 (Ala. 1988); Northeast Alabama Reg. Med. Center v. Robinson, 548 So.2d 439 (Ala. 1989).'"Bird v. Metropolitan Life Ins. Co., 705 So.2d 363, 365 (Ala. 1997) (quoting State v. Blackburn, 655 So.2d 948, 949 (Ala. 1994)). In light of the above-quoted standards, and given the record before us, I am convinced that any error by the trial court in failing to address Pritchett's motion for a new trial was harmless, see Rule 45, Ala. R.App. P., and I see no need to remand this case for the trial court to rule on Pritchett's motion for a new trial.

  5. Bailey v. Bean

    812 So. 2d 1241 (Ala. Civ. App. 2001)   Cited 1 times

    Jawad v. Granade, 497 So.2d 471 (Ala. 1986); Ex parte Oliver, 532 So.2d 627 (Ala. 1988); Northeast Alabama Reg. Med. Ctr. v. Robinson, 548 So.2d 439 (Ala. 1989)."State v. Blackburn, 655 So.2d 948, 949 (Ala. 1994). "The assessment of damages is a matter within the jury's discretion.

  6. Bellande v. Terry

    775 So. 2d 225 (Ala. Civ. App. 2000)

    Jawad v. Granade, 497 So.2d 471 (Ala. 1986); Ex parte Oliver, 532 So.2d 627 (Ala. 1988); Northeast Alabama Reg. Med. Center v. Robinson, 548 So.2d 439 (Ala. 1989)."State v. Blackburn, 655 So.2d 948, 949 (Ala. 1994). After reviewing the record, we conclude that the trial court properly granted Terry's new-trial motion.

  7. Estabrook v. Kelly

    753 So. 2d 538 (Ala. Civ. App. 1999)

    Jawad v. Granade, 497 So.2d 471 (Ala. 1986); Ex parte Oliver, 532 So.2d 627 (Ala. 1988); Northeast Alabama Reg. Med. Center v. Robinson, 548 So.2d 439 (Ala. 1989)."State v. Blackburn, 655 So.2d 948, 949 (Ala. 1994). I. Mrs. Kelly's Personal-Injury Claim