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WEIDA v. KEGARISE

No. 66S03-0508-CV-00377.

849 N.E.2d 1147 (2006)

Thomas M. WEIDA, Appellant (Defendant below), v. Donald KEGARISE and Kathy Kegarise, Appellees (Plaintiffs below).

Supreme Court of Indiana.

July 5, 2006.

Attorney(s) appearing for the Case

Garrett V. Conover, David Wilson, Merrillville, IN, Attorneys for Appellant.

Frank E. Tolbert, Logansport, IN, Alan F. Hizer, Winamac, IN, Attorneys for Appellees.

On Petition to Transfer from the Indiana Court of Appeals, No. 66A03-0406-CV-00247

SHEPARD, Chief Justice.

Setting aside a verdict because the trial court concludes that it is against the weight of the evidence is a weighty but well-recognized power of common law judges. Our rules require a judge who exercises this power to describe the reasons in some detail. When the trial court acts without giving reasons, the verdict should be reinstated on appeal.<...

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