Court of Civil Appeals of Alabama May 16, 2003, 2010975 (Wells v. Mohammad)

I respectfully dissent. This court has stated: "Granting or denial of a motion for new trial is in the trial court's discretion. The exercise of that discretion carries a presumption of correctness and will not be disturbed by this court absent plain and palpable error in exercise of the trial court's discretion and abuse of some legal right. Educators' Investment Corp. v. White, 374 So.