Trial court did not abuse its discretion by denying cross-defendant's motion to correct error

Wednesday, October 8, 2008 by Bose Archives

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UNPUBLISHED


Appellant-cross-defendant John C. Lewis appeals the trial court’s order denying his motion to correct error, arguing that there is insufficient evidence supporting the amount of the judgment in favor of appellee-plaintiff American State Bank (the bank).


Conclusion (slip op. at 7):  We find that there is sufficient evidence supporting the judgment—and the amount thereof—in favor of the bank. Therefore, the trial court did not abuse its discretion by denying Lewis’s motion to correct error.  The judgment of the trial court is affirmed. 
 

Key Analysis (slip op. at 6):  Although we cannot explain why no one broached the subject of the payment made by Tradewinds to the bank during the pendency of the lawsuit, Lewis, Tradewinds, and their attorney were silent on the matter even though they had every opportunity to raise it and object. Under these circumstances, we can only conclude that Lewis has waived the right to object to the amount of the agreed-upon judgment.

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