Land Clearance for Redevelopment Authority of Joplin v. Joplin Union Depot Co.

429 S.W.2d 806, 1968 Mo. App. LEXIS 667
CourtMissouri Court of Appeals
DecidedJune 10, 1968
DocketNo. 8720
StatusPublished
Cited by16 cases

This text of 429 S.W.2d 806 (Land Clearance for Redevelopment Authority of Joplin v. Joplin Union Depot Co.) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Land Clearance for Redevelopment Authority of Joplin v. Joplin Union Depot Co., 429 S.W.2d 806, 1968 Mo. App. LEXIS 667 (Mo. Ct. App. 1968).

Opinion

STONE, Judge.

In this proceeding Land Clearance for Redevelopment Authority of the City of Joplin, Missouri (hereinafter referred to as the Authority), a public corporation organized under the Land Clearance for Redevelopment Authority Law [V.A.M.S. §§ 99.300 to 99.660], has exercised its power of eminent domain [V.A.M.S. §§ 99.420(4) and 99.460], in connection with the Progress Urban Renewal Project in Joplin, to condemn Lots 151 and 152 and one-half of the vacated alley at the rear of those lots in Porter’s Addition (referred to upon trial as, and hereinafter called, the subject lots), which were owned by defendant Joplin Union Depot Company, a corporation (referred to upon trial as, and hereinafter called, JUD). The commissioners awarded $2,250 to JUD, and the Authority paid that sum into the registry of the court on May 12, 1964, which thereby became the date of taking. V.A.M.R. 86.06; V.A.M.S. § 523.-040; State ex rel. State Highway Commission v. Harris, Mo.App., 417 S.W.2d 29, 31(3). After the filing of JUD’s exceptions to the commissioners’ report [V.A. M.R. 86.08; V.A.M.S. § 523.050], the proceeding lay dormant on the docket until a jury trial was had on April 24 and 25,1967, which terminated in a verdict for $5,000 upon which judgment was entered for JUD in the principal sum of $2,750 (after deducting the Authority’s previous payment of $2,250) with interest thereon in the sum of $482 [V.A.M.R. 86.10; V.A.M.S. § 523.045], or in the aggregate amount of $3,232. Thereafter, to wit, on June 9, 1967, the Authority’s timely motion for new trial was sustained “on the grounds that the verdict of the jury is excessive and against the weight of the evidence.” JUD appeals.

Under “points relied on,” JUD asserts that the trial court “erred and abused its discretion” in granting a new trial in that (a) “the verdict and judgment below was not contrary to, but rather was clearly supported by, the preponderance and weight of the substantial, credible and probative evidence in the cause” and (b) “there was no substantial or prejudicial misconduct and arguments by [JUD’s] attorneys at the trial which could or did affect the jury or the result and its verdict in the case, nor was any proper and timely objection made thereto or exception saved thereon.” We treat of these in inverse order, as appears to be more appropriate.

Of (b). The disavowal of “substantial or prejudicial misconduct and arguments” by JUD’s attorneys was prompted by the trial court’s “memorandum opinion,” in which he expressed the view “that other matters were injected into the trial of this case and undoubtedly affected the jury which should not have been brought before the jury” and, after commenting about those “other matters,” concluded “that the general attitude developed in connection with the trial of this case did not result in a fair and proper determination of the value of the property involved and for that reason in addition to the reasons first stated, the court feels that plaintiff [the Authority] is entitled to a new trial.” In sustaining a motion for new trial, the court is required to “specify of record the ground or grounds on which said new trial is granted” [V.A.M.R. 78.01; V.A.M.S. § 510.330], and the reported decisions leave no room for doubt but that the trial court’s order is the sole official repository for the court’s grounds, thoughts or reasons for sustention of the motion for new trial.1 If that order is ambiguous, uncertain or incomplete, the [809]*809appellate court properly may refer to an accompanying memorandum to explain or support the order [e. g., Ponyard v. Drexel, Mo.App., 205 S.W.2d 267, 270(3, 4)]; but the order presently under review is afflicted with none of those frailties.

The Authority was granted a new trial “on the grounds that the verdict of the jury is excessive and against the weight of the evidence,” which are in legal contemplation and effect one and the same, namely, that the verdict was against the weight of the evidence2 Whatever was or might have been written in the memorandum opinion could not have become a part of that plain and unambiguous order or changed the meaning or effect thereof [Sawyer v. Winterholder, Mo., 195 S.W.2d 659, 661 (2) ] and could not have constituted a substitute for the order or been employed to oppose, contradict or dispute it. Bierman v. Langston, Mo., 304 S.W.2d 865, 867 (5). Being invested with no right to “go behind what is clearly expressed in the order” [State ex rel. State Highway Com’n. v. Vaught, Mo., 400 S.W.2d 153, 154], we accept it at face value as having granted a new trial on the sole specified ground that the verdict was against the weight of the evidence. Burr v. Singh, 362 Mo. 692, 699-700, 243 S.W.2d 295, 300(11); Mary Potter Love, Inc. v. Medart, Mo.App., 198 S.W.2d 386, 391(2). Accordingly, we eschew the unnecessary and unrewarding exercise of discussing the alleged “substantial or prejudicial misconduct and arguments” of JUD’s attorneys or “the general attitude developed in connection with the trial.”

Of (a). A preliminary review of the settled legal principles applicable upon appeals such as this may be helpful. The trial court is vested with broad and inherent discretion in granting one new trial on the ground that the verdict was against the weight of the evidence;3 an order granting a new trial on that ground is presumptively correct;4 and the appellate court will be liberal in upholding such order.5 It has been declared repeatedly that “the granting of a new trial by the trial court [on the ground the verdict was against the weight of the evidence] will not be interfered with on appeal where there is substantial evidence to sustain the trial court’s view, or, putting it in another way, when there is substantial evidence to support a verdict for the party to whom a new trial is granted.” 6 (Except as otherwise indicated, all emphasis herein is ours.) Hence, stated in its simplest terms, our province on review is to ascertain whether there was substantial evidence to support the trial court’s [810]*810order.7 And in such inquiry we should look to the evidence most favorable to sustention of that ruling,8 disregarding the testimony favorable to JUD unless it aids the successful movant, i. e., the Authority.9

We particularly note the holdings in certain condemnation cases recognizing and applying the foregoing principles, to wit, (a) that on condemnor’s appeal from an order granting a new trial to con-demnee because a verdict of “no damages” was against the weight of the evidence, the appellate court only determines “whether there is any substantial evidence to support a verdict of some net damages to the landowners, and if so the trial court’s ruling is not to be disturbed” [Vaught, supra, 400 S.W.2d at 155(5)], and (b) that, on con-demnor’s appeal from an order granting a new trial to condemnee because a verdict of $1,350 was against the weight of the evidence, the trial court had discretionary power to grant such new trial “if there was substantial evidence in the case to support a verdict in a larger amount than that awarded by the jury.” State ex rel. State Highway Com’n. v. Hutchison, Mo.App., 404 S.W.2d 391, 393(2).

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429 S.W.2d 806, 1968 Mo. App. LEXIS 667, Counsel Stack Legal Research, https://law.counselstack.com/opinion/land-clearance-for-redevelopment-authority-of-joplin-v-joplin-union-depot-moctapp-1968.