Fielder v. Chandler, [Ms. 2120223, Apr. 26, 2013] ___ So. 3d ___ (Ala. Civ. App. 2013). As
a matter of first impression, and interpreting federal cases construing
the parallel federal rule, the Court of Civil Appeals holds that a party
can file a motion for a judgment as a matter of law after a mistrial.
However, neither the granting of the mistrial nor the denial of the motion
for judgment as a matter of law constituted a final judgment, so the appeal
is dismissed.
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