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W.E. PENDER & SONS, INC. v. LEE

No. CA 08-403.

373 S.W.3d 317 (2009)

2009 Ark. App. 422

W.E. PENDER & SONS, INC., Appellant v. Burton LEE, Appellee.

Court of Appeals of Arkansas.

May 20, 2009.

Rehearing denied.

JOSEPHINE LINKER HART, Judge, dissent on denial of rehearing.

This court reversed the granting of a new trial. Burton Lee's petition for rehearing argues that the majority misapplied the standard of review. I agree. Numerous cases in which our appellate courts have reviewed grants of new trial have repeatedly observed that a stronger showing of abuse of discretion is necessary when a new trial has been granted, on the theory that the...

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