COX, J.
This appeal arises from a judgment entered by the Cleveland Municipal Court, which granted the motion for new trial filed by appellee, Nephtali Ramos. The facts giving rise to this appeal as contained in the record provide the following:
On February 15, 1983, appellants, Esteban Jiminez and his wife, Irma Rivera, filed a complaint and jury demand against Nephtali Ramos, which alleged assault and battery, false imprisonment and malicious prosecution...
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