In re Estate of Hanscome
In In re Estate of Hanscome, 227 Ariz. 158, 254 P.3d 397 (App. 2011), the trial court awarded an additur in favor of a litigant, despite the fact that the litigant did not file a Rule 59 motion for new trial. Id. at 163.
Nonetheless, the litigant argued that because the opposing party filed a timely Rule 59 motion, the trial court could grant a new trial in favor of the non-moving party under Rule 59(g). Id. at 164,19.
The Court held that although Rule 59(g) gives the trial court discretion to grant a new trial motion for reasons not articulated by the movant, it does not allow a reviewing court to grant relief under Rule 59 to a non-moving party. Id a t20.
Hanscome did not involve a Rule 59 motion filed after a non-final ruling, but instead involved a litigant who failed altogether to file a motion for new trial. Id.
Moreover, the Rule 59 motion filed by the other litigant followed a final judgment by the trial court. Id. at 160,3-4.