Jawad standard in Alabama

2015Standard of Review “The standard of review to be applied by this Court in reviewing the granting of a motion for a new trial is set out in Jawad v. Granade, 497 So.2d 471, at 477 (Ala.1986): “‘[A]n order granting a motion for new trial on the sole ground that the verdict is against the great weight or preponderance of the evidence will be reversed for abuse of discretion where on review it is easily perceivable from the record that the jury verdict is supported by the evidence.’ “Alpine Bay Resorts, Inc. v. Wyatt, 539 So.2d 160 (Ala.1988), sets out the procedure for the application of the Jawa

2015Standard of Review “The standard of review to be applied by this Court in reviewing the granting of a motion for a new trial is set out in Jawad v. Granade, 497 So.2d 471, at 477 (Ala.1986): “‘[A]n order granting a motion for new trial on the sole ground that the verdict is against the great weight or preponderance of the evidence will be reversed for abuse of discretion where on review it is easily perceivable from the record that the jury verdict is supported by the evidence.’ “Alpine Bay Resorts, Inc. v. Wyatt, 539 So.2d 160 (Ala.1988), sets out the procedure for the application of the Jawa

2004Given those standards and given the Jawad standard, we conclude that the trial court erred in granting [the plaintiff]’s motion for a new trial.” 775 So.2d at 793 .

2004Given those standards and given the Jawad standard, we conclude that the trial court erred in granting [the plaintiff]’s motion for a new trial.” 775 So.2d at 793 .

2000She urges us to do so because, she argues, we have inconsistently applied Jawad in the years since that case abolished the old standard that had evolved from Cobb v. Malone Collins , 92 Ala. 630 , 9 So. 738 (1891). 2 Farnell urges this Court to "refine" Jawad by declaring that an order granting a new trial on the basis that the jury's verdict was against the great weight or preponderance of the evidence will "be reversed if the appellant proves that substantial evidence clearly or plainly and palpably supports the verdict." (Brief of appellee at 9.) This proposed "refinement" of Jawad , howeve

2000She urges us to do so because, she argues, we have inconsistently applied Jawad in the years since that case abolished the old standard that had evolved from Cobb v. Malone Collins , 92 Ala. 630 , 9 So. 738 (1891). 2 Farnell urges this Court to "refine" Jawad by declaring that an order granting a new trial on the basis that the jury's verdict was against the great weight or preponderance of the evidence will "be reversed if the appellant proves that substantial evidence clearly or plainly and palpably supports the verdict." (Brief of appellee at 9.) This proposed "refinement" of Jawad , howeve

1988We granted this petition for writ of certiorari in a case of first impression in order to review the Court of Civil Appeals' holding, 532 So.2d 625 , that if a motion for new trial, based on multiple grounds, is granted, but the reason for granting the motion is not set out, then the reviewing court will assume that the ground was the weight and preponderance ground, if that ground was asserted, and will apply the Jawad standard of review, Jawad v. Granade , 497 So.2d 471 , 477 (Ala. 1986), to the trial court's decision, and if the weight and preponderance ground is unable to withstand the scr

1988We granted this petition for writ of certiorari in a case of first impression in order to review the Court of Civil Appeals' holding, 532 So.2d 625 , that if a motion for new trial, based on multiple grounds, is granted, but the reason for granting the motion is not set out, then the reviewing court will assume that the ground was the weight and preponderance ground, if that ground was asserted, and will apply the Jawad standard of review, Jawad v. Granade , 497 So.2d 471 , 477 (Ala. 1986), to the trial court's decision, and if the weight and preponderance ground is unable to withstand the scr