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Epstein, Becker & Green, P.C. v. Anduro Holdings, LLC et al.

Some Evidence Supported Jury's Finding That Defendants Were Jointly and Severally Liable For Attorney Fees

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McFadden, Presiding Judge.Law firm Epstein, Becker & Green, P.C. filed this breach of contract action against former clients Anduro Holdings, LLC, La Famiglia Family Trust, and Henry Datelle for $522,489.66 in outstanding legal fees. The law firm alleged that the defendants were jointly and severally liable for the fees, while the defendants contended that Anduro Holdings was solely responsible for the fees.The jury returned a verdict in favor of Epstein, Becker & Green, but the trial court granted Datelle and La Famiglia’s motion for judgment notwithstanding the verdict. Epstein, Becker & Green appeals, arguing that the trial court erred because some evidence supported the jury’s verdict. We agree. So we reverse.   1. Facts. A trial court may grant a judgment notwithstanding the verdictonly when, without weighing the credibility of the evidence, there can be but one reasonable conclusion as to the proper judgment. Where there is conflicting evidence, or there is insufficient evidence to make a “oneway” verdict proper, judgment [notwithstanding the verdict] should not be awarded. In considering the motion, the court must view the evidence in the light most favorable to the party who secured the jury verdict. And this approach governs the actions of appellate courts as well as trial courts.

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