McIntee v. Deramus
313 Ga. App. 653
Ga. Ct. App.2012Background
- Deramus sued Mclntee, Myers, and others on six counts including conversion, fraud, fraudulent inducement, breach, unjust enrichment, and unlawful trade practices; jury verdict awarded Deramus $150,000 total against Mclntee and Myers, with final judgments reflecting $105,000 against Mclntee and $95,000 against Myers; Mclntee challenged the denial of his motion for JNOV or new trial; appellate standard favored affirming a jury verdict supported by any evidence; evidence showed Mclntee deposited Deramus funds into an account he controlled with Myers’ access and Myers later diverted funds; conspiracy claim premised on alleged concerted actions between Mclntee and Myers; the trial record contained conflicting evidence requiring credibility determinations by the jury; the appellate court affirmed the trial court’s rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was basis to discount Myers’ admissions | McIntee argues Myers’ admissions should not be discounted | Myers’ admissions are uncontroverted | No error; jury credibility resolved disputes; evidence supported verdict. |
| Whether the evidence supported a conspiracy finding | Conspiracy between Mclntee and Myers existed to convert funds | No proven concerted action between the two | Evidence supported jury’s finding of concerted action and liability. |
| Whether the verdict against Mclntee was proper given competing evidence | Jury could determine liability against Mclntee | Evidence conflicted; not all conduct attributable to Mclntee | Verdict affirmed; conflict resolved in favor of the jury. |
Key Cases Cited
- McLeod v. Robbins Assn., 260 Ga.App. 347 (2003) (standard to uphold verdict when evidence supports it)
- Johnson v. Leibel, 307 Ga.App. 32 (2010) (appeal standard; credibility determinations by jury)
- Savannah College of Art & Design v. School of Visual Arts of Savannah, 219 Ga.App. 296 (1995) (consolidated issues; appellate review of verdicts)
- Parrish v. Jackson W. Jones, P.C., 278 Ga.App. 645 (2006) (conspiracy/intent and damages; appellate review)
- Cook v. Robinson, 216 Ga.328 (1960) (jointly liable for co-conspirators’ acts)
- Outside Carpets v. Indus. Rug Co., 228 Ga. 263 (1971) (evidence required to sustain verdict; jury verdicts reviewed for conflicts)
- John D. Stephens, Inc. v. Gwinnett County, 175 Ga.App. 379 (1985) (concerning evidentiary weight and jury credibility)