CARNICELLI v. BARTRAM


289 Pa.Super. 424 (1981)

433 A.2d 878

Carl CARNICELLI, Appellant, v. William J. BARTRAM, Jr., and Marjorie B. Bartram, his wife.

Superior Court of Pennsylvania.

Filed June 12, 1981.

Reargument Denied August 31, 1981.


Attorney(s) appearing for the Case

Dina G. McIntyre, Pittsburgh, for appellant.

Edward L. Kochuba, Pittsburgh, for appellees.

Before SPAETH, WICKERSHAM and LIPEZ, JJ.


SPAETH, Judge:

This appeal is from an order granting a new trial. We reverse because the lower court relied on reasons not specifically assigned in the motion for new trial, and remand so that the court may consider those reasons that were specifically assigned.

-1-

An order granting or refusing to grant a new trial is within the discretion of the lower court. However, the discretion is not absolute, Decker v. Kulesza, 369 Pa...

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