What is the test for appeal from an order granting a new trial?
California, United States of America
The following excerpt is from Powers v. Sissoev, 114 Cal.Rptr. 868, 39 Cal.App.3d 865 (Cal. App. 1974):
As we have said above, the only appeal from the order granting a new trial is by the doctors. They contend only, that the order granting a new trial does not meet the requirements of specificity set forth in section 657 of the Code of Civil Procedure, as that section has been construed in Mercer v. Perez (1968), 68 Cal.2d 104, 65 Cal.Rptr. 315, 436 P.2d 315, and other cases. No contention is here made that the order, if it meets the requirements of specificity, is otherwise reversible. The statement of reasons for granting a new trial reads as follows as to the doctors:
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