John Moriarty & Associates of Florida v. Murton Roofing Corp.
128 So. 3d 58
| Fla. Dist. Ct. App. | 2013Background
- Eseadote I Corporation appeals a trial court order granting judgment in accordance with a prior directed verdict in favor of Ocean Three and Moriarty after a jury awarded Eseadote $2,050,000.
- Moriarty appeals the denial of its motion for attorney’s fees and costs.
- The appellate court reviews de novo the trial court’s JNOV-like judgment following a directed verdict.
- The court held that the evidence supported Eseadote’s theory and the trial court erred in granting the directed-verdict-based judgment.
- The court reversed the order and remanded to reinstate the jury verdict in favor of Eseadote, citing other Florida cases on similar reversals.
- The court discussed the practice of verbatim adoption of proposed judgments but concluded it did not compel reversal by itself.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in granting judgment following a directed verdict. | Eseadote argues the record supports its theory and a JNOV should not have collapsed the verdict. | Moriarty contends the directed verdict was proper based on the trial record. | Reversed; verdict reinstated in Eseadote. |
| Whether the record supports reinstating the jury verdict on Eseadote’s theory. | Eseadote contends the trial evidence supports its theory and the verdict should stand. | Moriarty argues the evidence does not support Eseadote’s theory. | Supported the verdict; directed-verdict judgment was improper. |
| Whether Moriarty is entitled to attorney’s fees given the denial of its fees motion. | Eseadote is not seeking fees; this concerns Moriarty’s request. | Moriarty sought fees and costs, which were denied. | Denial of Moriarty’s requested fees affirmed. |
Key Cases Cited
- Irven v. Dep’t of Health & Rehab. Servs., 790 So.2d 403 (Fla.2001) (directed verdict standard: view evidence for non-movant and resolve conflicts in that favor)
- Collins v. Sch. Bd. of Broward Cnty., 471 So.2d 560 (Fla. 4th DCA 1985) (context for directed verdict cautions)
- Williams v. Dade Cnty., 237 So.2d 776 (Fla. 3d DCA 1970) (directed verdicts cautiously granted)
- Edwards v. Orkin Exterm. Co., 718 So.2d 881 (Fla. 3d DCA 1998) (reversal/ remand authority after trial errors)
- N. Dade Golf, Inc. v. Clarke, 439 So.2d 296 (Fla. 3d DCA 1983) (precedent on remand/reconsideration after verdicts)
- The Hertz Corp. v. Gleason, 874 So.2d 1217 (Fla. 4th DCA 2004) (remand/reconsideration in trial judgments)
- White v. White, 686 So.2d 762 (Fla. 5th DCA 1997) (verbatim adoption of proposed judgments and need for party input)
- Perlow v. Berg-Perlow, 875 So.2d 383 (Fla.2004) (verbatim adoption concerns and trial court responsibility)