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Rule 328. If Not Equitable


New trials may be granted when the damages are manifestly too small or too large, provided that whenever the court shall direct a remittitur in any action, and the same is made, and the party for whose benefit it is made shall appeal in said action, then the party remitting shall not be barred from contending in the appellate court that said remittitur should not have been required either in whole or in part, and if the appellate court sustains such contention it shall render such judgment as the trial court should have rendered without respect to said remittitur.

Source: Art. 2235.

Change: Addition of all wording after the first comma.

Oct. 29, 1940, eff. Sept. 1, 1941.

Repealed by order of July 15, 1987, eff. Jan. 1, 1988.