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WSH PROPERTIES, L.L.C. v. DANIELS

No. 05-0404.

761 N.W.2d 45 (2008)

WSH PROPERTIES, L.L.C., Appellee, v. Curt N. DANIELS and Indian Creek Corporation, Appellants.

Supreme Court of Iowa.

Rehearing Denied November 14, 2008.

Attorney(s) appearing for the Case

Curt N. Daniels, Chariton, pro se, and for appellant Indian Creek Corporation.

James E. Nervig of Brick, Gentry, Bowers, Swartz, Stoltze & Levis, P.C., Des Moines, for appellee.

TERNUS, Chief Justice.

The defendants appealed the trial court's denial of their motion for new trial, claiming the jury's excessive damage award was the result of passion. The court of appeals held the trial court abused its discretion in ordering a remittitur rather than a new trial in view of the trial court's impression the jury was motivated by anger and a desire to punish the defendants. We granted further review....

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