EX PARTE EATON

1941540.

675 So.2d 1300 (1996)

Ex parte Robert EATON. (Re Robert EATON v. John M. KENNEMER and Lacey S. Kennemer.)

Supreme Court of Alabama.

February 2, 1996.


Attorney(s) appearing for the Case

A. Stewart O'Bannon, Jr. and A. Stewart O'Bannon III of O'Bannon & O'Bannon, Florence, for Petitioner.

Gene M. Hamby, Jr., Sheffield, for Respondents.


MADDOX, Justice.

This case, here on certiorari review from the Court of Civil Appeals, presents a question about the power of a trial judge to grant a motion for new trial on the specific ground that the moving parties had been prejudiced by a three-week recess in the middle of the trial, in view of the fact that the moving parties had objected to the trial court's granting of a mistrial requested by the other party during the trial, and had objected to the trial...

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