PORTER v. HOOK

87-1391.

554 So.2d 382 (1989)

Gary PORTER v. Roth HOOK d/b/a Mountaineer Cable Television.

Supreme Court of Alabama.

Rehearing Denied December 1, 1989.


Attorney(s) appearing for the Case

Gregory S. Cusimano and Michael L. Roberts of Floyd, Keener, Cusimano & Roberts, Gadsden, and Charles E. Mauney, Ft. Payne, for appellant.

Ernest L. Potter and Gary C. Huckaby and Stuart M. Maples of Bradley, Arant, Rose & White, Huntsville, for appellee.


ALMON, Justice.

This is an appeal from an order granting a new trial on the condition that the plaintiff refuses to accept a remittitur reducing the jury's award from $1,300,000 to $300,000 in an action for breach of contract and fraud. The judge, on motion for a new trial, ruled that the verdict necessarily included punitive damages referable to the fraud claim and that the weight of the evidence would not support the fraud claim. He reasoned that $300,000 was the...

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