Dennis v. Scarborough
Alabama Court of Civil Appeals
Dennis v. Scarborough, 372 So. 2d 357 (1979)
Wright
Dennis v. Scarborough
Opinion
Plaintiff appeals from jury verdict and judgment for defendant in an action for damages arising from an automobile accident.
The issue presented is that the verdict and judgment thereon are contrary to the great preponderance of the evidence.
It continues to be the law that only error asserted and ruled upon by the trial court may be asserted on appeal. Rule 4 (a)(3), ARAP. The issue of the weight of the evidence when there is a jury verdict can be raised only by a post-judgment motion. Plaintiff filed no such motion. There is no ruling of the trial court available for presentation on appeal. Woods v.Westbrook,
The judgment below is affirmed.
AFFIRMED.
BRADLEY and HOLMES, JJ., concur.
Reference
- Full Case Name
- Damon Dennis, Jr. v. Annetta Renee Scarborough.
- Cited By
- 7 cases
- Status
- Published