Remands. When a judgment is reversed for error in overruling a motion and

granting the motion would have terminated the case in favor of the appellant, the appropriate appellate court may enter or direct the district court to enter final judgment as if such motion had been initially granted. However, if it appears from the record that the material facts were not fully developed at the trial or if in the opinion of the appropriate appellate court the ends of justice will be served, a new trial will be awarded on all or part of the case. [Court Order October 31, 2008, effective January 1, 2009; September 29, 2023, effective April 1, 2024]