Worsham v. Day, 2017 Ark. 192

In May 2012 Worsham contracted to sell her liquor store to Roy and Teresa Day for $225,000; Days paid $10,000 earnest money and took possession but later refused to pay the balance.
Worsham sued for breach of contract (and later added promissory estoppel); Days counterclaimed for unjust enrichment and fraudulent misrepresentation.
A jury trial in March 2015 returned a verdict for Worsham on breach of contract with $115,000 damages, found for Worsham on promissory estoppel but awarded zero damages, and found against the Days on counterclaims; verdict forms were filed March 11, 2015.
Days moved for JNOV or a new trial on March 23, 2015, arguing insufficient evidence and inconsistent verdicts; the circuit court granted a new trial on July 21, 2015 and denied reconsideration.
The court of appeals remanded because there was no separate written judgment; the circuit court entered a written Judgment Upon Jury Verdict on May 25, 2016 consistent with the jury verdicts.
The Arkansas Supreme Court held it lacked jurisdiction because the Days’ posttrial motion was treated as filed the day after the May 25, 2016 judgment and was deemed denied by operation of law before any timely notice of appeal from disposition of that motion was filed; appeal dismissed and jury verdicts stand.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether circuit court abused discretion in granting new trial for inconsistent verdicts when Days did not object before jury discharge	Worsham: Days waived objection by failing to object prior to discharge	Days: trial-court new-trial grant proper due to inconsistent verdicts	Dismissed for lack of appellate jurisdiction; merits not reached
Whether jury may find liability on multiple theories so long as damages not duplicated	Worsham: multiple theories permissible if damages not double-counted	Days: inconsistent to find breach with promissory estoppel awarding zero	Not reached on merits due to jurisdictional dismissal
Whether Days waived objections by consenting to jury instructions/verdict forms	Worsham: Days consented and thus waived irregularity objections	Days: did not waive; still can challenge inconsistencies posttrial	Not reached on merits due to jurisdictional dismissal
Whether this Court has jurisdiction to hear Worsham's appeal given timing of judgment and posttrial motions	Worsham: appealed the circuit court's grant of new trial and denial of reconsideration timely	Days: posttrial motion timing and subsequent procedures affect appeal timeliness	Court: no timely and effective notice of appeal from posttrial-motion disposition; appeal dismissed

Lindsey v. Green, 369 S.W.3d 1 (Ark. 2010) (timeliness and effectiveness of notice of appeal is jurisdictional)
State v. Richardson, 306 S.W.3d 11 (Ark. 2009) (order granting new trial is nullity if entered before valid judgment)