282 S.C. 596 320 S.E.2d 474

0248

B. G. LIVINGSTON, Respondent, v. CAROLINA TIMBER COMPANY, et al., Appellants.

(320 S. E. (2d) 474)

Court of Appeals

William W. Watkins, of Turner, Padget, Graham & Laney, Columbia, for appellants.

B. G. Livingston, pro se.

Heard June 28, 1984.

Decided Sept. 4, 1984.

Gardner, Judge:

This is an action for payments due under a road construction contract; the jury found for the defendant; the trial judge granted a new trial for reasons not disclosed by the record. We remand.

In the case of South Carolina Department of Highways and Public Transportation v. Mooneyham, et al., 275 S. C. 205, 269 S. E. (2d) 329 (1980), the court reviewed its decisions about new trials granted by a trial judge and concluded that a decision of a trial judge granting a new trial will not be disturbed on appeal unless his finding is wholly unsupported by evidence, or the conclusion reached has been controlled by an error of law.

*597The trial judge gave no reason(s) for granting the new trial. The record does not disclose whether his decision was supported by evidence or was the result of an erroneous conclusion of law. The case is, therefore, remanded with instruction that the trial court issue its order setting forth the reason(s) for the granting of a new trial.

Remanded.

Sanders, C. J., and Goolsby, J., concur.

Livingston v. Carolina Timber Co.
282 S.C. 596 320 S.E.2d 474

Case Details

Name
Livingston v. Carolina Timber Co.
Decision Date
Sep 4, 1984
Citations

282 S.C. 596

320 S.E.2d 474

Jurisdiction
South Carolina

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