TINSLEY v. TALBOTT

Civ. 2940-X.

408 So.2d 148 (1981)

Henry TINSLEY v. Lucy TALBOTT.

Court of Civil Appeals of Alabama.

December 9, 1981.


Attorney(s) appearing for the Case

Michael J. Bellamy, Tuskegee, for appellant.

T. Dudley Perry, Tuskegee, for appellee.


EDWARD N. SCRUGGS, Retired Circuit Judge.

This appeal concerns a trial court's right on its own initiative to order a remittitur, and the procedure to be followed therein.

The jury returned its verdict in favor of the plaintiff, Mr. Tinsley, for $9,000. Ex mero motu, the trial court immediately found that the verdict was excessive and was not supported by the weight of the evidence. The court then ordered that the amount of the verdict be remitted to...

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