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NESMITH v. BOWEN DEV. AND TIMBER CO.

Civ. 7355.

564 So.2d 974 (1990)

Billy Ray NESMITH, Executor of the Estate of J.C. Kimbro, deceased v. BOWEN DEVELOPMENT AND TIMBER COMPANY and Willie Byrd.

Court of Civil Appeals of Alabama.

Rehearing Denied March 21, 1990.

Attorney(s) appearing for the Case

Earl V. Johnson of Sikes, Johnson and Taylor, Andalusia, for appellant.

David F. Daniel of Brown, Hudgens, Richardson, Mobile, for appellee.

RUSSELL, Judge.

This is an appeal from the denial of a motion for new trial.

This case originated as an action for wrongful death. Following a trial on the merits, a jury returned a verdict in favor of the appellant in the amount of $10,000. Citing alleged juror misconduct, the appellant filed a motion for new trial. An ore tenus hearing was conducted on that motion, which was subsequently denied. This appeal followed. We reverse.

The alleged juror...

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