TANTON v. ZUBKOWICZ

No. 31662.

43 Ohio App. 2d 1 (1972)

TANTON, APPELLEE, v. ZUBKOWICZ, APPELLANT.

Court of Appeals of Ohio, Cuyahoga County.

Decided November 24, 1972.


Attorney(s) appearing for the Case

Messrs. Hyland & Hyland, Mr. Joseph J. Naegele and Mr. Edward T. Clarke, for appellant.

Messrs. Davis & Handelman, for appellee.


COOK, J.

Defendant, the appellant herein, filed the following Assignment of Error:

"The Court erred when it granted the plaintiff's motion for a new trial in that the judgment is contrary to law and constitutes an abuse of discretion."

The judgment entry granting the appellee a new trial reads as follows:

"Plaintiff's motion for a new trial came on to be heard on the 9th day of August 1971, and...

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