Worsham v. Day (Majority)Annotate this Case
A jury found for Plaintiff on her claim for breach of contract and on her promissory-estoppel claim. The jury rendered verdicts against Defendants on their counterclaims. Defendants filed a motion for judgment notwithstanding the verdict (JNOV) or for a new trial. The trial court granted the motion, concluding that the jury verdicts were improper and inconsistent and that they should be set aside in favor of granting a new trial. The circuit court denied Plaintiff’s motion to reconsider. Plaintiff appealed. The Supreme Court dismissed the appeal for lack of appellate jurisdiction because Defendants’ motion for JNOV or a new trial was filed prior to the entry of the judgment. Therefore, the circuit court’s order granting a new trial was a nullity, and the posttrial motion was deemed denied thirty days after its filing date. Because neither party filed a notice of appeal after the judgment was entered the court had no timely or effective notice of appeal from the disposition of the posttrial motion.