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In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. write: A finding of prejudicial error will generally result in a reversal of the judgment and a new trial on all issues unless the appellate court specifically limits the scope of the retrial. Where the appellate court finds error affecting the determination of only some of the issues, however, it may order a retrial solely as to those issues, saving the parties and the trial court the time, expense and trouble of retrying issues that were properly decided.
January 02, 2018 at 02:40 PM
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