Theresa G. Jenkins v. Lionel R. Barrett, Jr., and John G. Oliva - Concurring

The appellant states the issue before this Court thus:

A single, narrow issue is presented for consideration in this appeal: Does material evidence within the meaning of Rule 13d, appear in the record which suports the jury’s verdict of $140 ,000.00 in compensatory damages, and, if so, did the trial court erroneously grant a new trial?

The case history demonstrates that this issue is not properly before the Court for consideration.