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Anderson v. Litzenberg5/28/1997
as adduced at trial to support appellee's claim for lost future earnings, the circuit court should have granted its Motion for New Trial.
Ordinarily, a trial court's order denying a motion for a new trial will be reviewed on appeal if it is claimed that the trial court abused its discretion. However, an appellate court does not generally disturb the exercise of a trial court's discretion in denying a motion for a new trial.
Buck v. Cam's Broadloom Rugs, 328 Md. 51, 57, 612 A.2d 1294 (1992) (quoting Mack v. State, 300 Md. 583, 600, 479 A.2d 1344 (1984)). Therefore, our review is governed by an abuse of discretion standard. Id.
In reviewing appellants' record extract of this case, we discovered that the first time Cramaro contended that appellee had not adduced sufficient evidence to prove his claim for loss of earning capacity was in its post-trial motion. A trial court may grant a new trial on the basis of an issue that could have been, but was not, raised at trial. Cam's Broadloom Rugs, Inc. v. Buck, 87 Md. App. 561, 590 A.2d 1060 (1991), vacated on other grounds, 328 Md. 51, 57, 612 A.2d 1294 (1992). When a trial court denies such a motion, however, the Court of Appeals has indicated that the movant is precluded from raising those substantive issues on appeal. Buck, 328 Md. at 61, 612 A.2d 1294.
The defendant is correct in arguing that ordinarily a party will not be permitted to raise on appeal an error to which he has not interposed a seasonable objection at trial. Accordingly, if [the trial judge] had denied [the motion for new trial] in this case, Buck would not have been permitted to argue those matters on appeal.
Accordingly, we conclude that the trial judge did not abuse his discretion in denying Cramaro's motion for mistrial and shall not review on the merits Cramaro's contention that insufficient evidence was adduced to support appellee's impairment of earnings award. Furthermore, as we noted, (supra) , with regard to the briefing of Cramaro's first appellate contention, Cramaro has failed to furnish this Court with any authority supporting its position. Mindful of our discussion in Part III, (supra) , we deem this contention waived as well.
JUDGMENT OF THE CIRCUIT COURT FOR CECIL COUNTY AFFIRMED; COSTS TO BE DIVIDED EVENLY BETWEEN APPELLANTS BRAMBLE AND CRAMARO.
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