Can a judge of the lower court order a new trial based on the evidence received at the trial?

That the judge of the lower court did not read the evidence received at the trial does not in itself show an abuse of discretion in granting the new trial; for the record discloses he did not consider or determine the propriety of the trial court's decision on the facts but, on the contrary, based his determination on 'purely a matter of law' for which he had before him the official court file containing all papers showing the trial judge's ruling and the objections made thereto including the consent, exhibits (letters), reports of the objector, orders, and objections and points and authorities in support thereof (Annin v. Belridge Oil Employees Federal Credit Union, 119 Cal.App.2d Supp. 900, 260 P.2d 295).