Opinion
[No. 106, September Term, 1969.]
Decided November 20, 1969.
APPEAL — Final Judgment — Trial Court's Granting Of A New Trial Not A Final Judgment — Appeal Must Be Dismissed. p. 651
Appeal from the Circuit Court for Montgomery County (PUGH, J.).
Suit by Mary A. Caddington against Herman G. Hartman and Juanita M. Childers for conversion of personal property and household furnishings owned by the plaintiff. After a jury verdict in favor of the plaintiff in the amount of $2,500.00 the trial court granted a new trial unless plaintiff agreed to accept $500.00 in lieu of verdict. The defendants appeal. Plaintiff would not accept the $500.00.
Appeal dismissed with costs.
The cause was argued before HAMMOND, C.J., and BARNES, FINAN, SINGLEY and SMITH, JJ.
Robert E. Bullard for appellants.
Frank W. Wilson for appellee.
The appeal must be dismissed because there was no final judgment below from which an appeal could be taken. After a jury verdict, appellants filed a motion for judgment n.o.v. or in the alternative a new trial and the trial court granted a new trial.
Appeal dismissed with costs.