99 So. 3d 830
Miss. Ct. App.2012Background
- Wiltys and Alphas entered a lease with an option to purchase real estate in Olive Branch, MS, managed by Affordable Management LLC.
- Option payment totaling $4,000 was paid by Wiltys (initially $3,000 cash before move-in and $1,000 due later) and was documented as a non-refundable option fee.
- Closing for the purchase was scheduled for March 10–11, 2005, but lender funding stalled; the deed was delivered to Davis, the closing agent, and the loan ultimately did not fund.
- Davis and others could not produce a deposit slip reflecting the $4,000 option payment; testimony conflicted on whether such documentation existed or was requested.
- Wiltys vacated the rental in April 2005 without paying April rent; they sued for breach of the purchase agreement, resulting in a jury verdict for Wiltys in county court.
- Circuit Court reversed the county court’s verdict by granting JNOV for Alphas; Wiltys appeal to the Mississippi Supreme Court, which reinstates the jury verdict but remands for damages on mental anguish evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether JNOV reversed a jury verdict is proper | Wiltys | Alphas | JNOV reversal improper; jury verdict reinstated |
| Whether the evidence supports damages for mental anguish | Wiltys | Alphas | Remand for new damages trial due to insufficient mental anguish proof |
| Whether remittitur/additur standard applies to damages | Wiltys | Alphas | Court remands for new damages trial; no additur/remittitur on mental anguish |
Key Cases Cited
- Hammack v. Czaja, 769 So.2d 847 (Miss.Ct.App.2000) (substantial evidence standard when reviewing JNOV)
- City of Jackson v. Locklar, 431 So.2d 475 (Miss.1983) (review of evidence under JNOV standard)
- Gorman v. McMahon, 792 So.2d 307 (Miss.Ct.App.2001) (jury may reconcile witness credibility and evidence)
- Williams, Univ. of S. Miss. v. Williams, 891 So.2d 160 (Miss.2004) (damages for mental anguish in breach of contract require foreseeability and actual suffering)
- Strickland v. Rossini, 589 So.2d 1268 (Miss.1991) (remand for new damages when vague emotional-distress proof)
- Ill. Cent. R.R. Co. v. Hawkins, 830 So.2d 1162 (Miss.2002) (vague testimony on emotional distress is insufficient)
- Upchurch ex rel. Upchurch v. Rotenberry, 761 So.2d 199 (Miss.2000) (abuse of discretion standard for new trial/additur)