Seif v. Turowski

Per Curiam

(on motion for rehearing). The appellants request the new trial include the issue of damages. That issue was not raised on appeal. In the appellants’ brief, it is stated that the arguments were confined to the issue of an inconsistent verdict but this fact was not *25ato imply the other grounds set forth in the motion for a new trial were not meritorious (which was not printed in the appendix).

Grounds asserted in a motion for a new trial are not automatically before this court on appeal. Such issues must be stated in the brief under the caption “Questions on appeal” and briefed.

In order to cut down the amount of work on retrials, this court in its discretion may restrict a retrial to the issues raised on appeal and which need retrying. Thus a new trial may include all issues or may be restricted to specific issues on a retrial, depending upon the requirements of justice. Motion for rehearing denied with costs.