Comprehensive Care Corporation v. Jerry Katzman, et al., No. 11-13603 (11th Cir. 2013)

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Case: 11-12945 Date Filed: 02/14/2013 Page: 1 of 4 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _____________ No. 11-12945 _____________ D. C. Docket No. 8:09-cv-01375-SCB-TBM COMPREHENSIVE CARE CORPORATION, PlaintiffCounter-DefendantThird Party DefendantAppellant, versus JERRY KATZMAN, DefendantCounter-ClaimantAppellee, JARED KATZMAN, LEE KATZMAN, MICHELLE KATZMAN, Third Party PlaintiffsAppellees. Case: 11-12945 Date Filed: 02/14/2013 Page: 2 of 4 _______________ No. 11-13603 ______________ D.C. Docket No. 8:09-cv-01375-SCB-TBM COMPREHENSIVE CARE CORPORATION, PlaintiffCounter-DefendantThird Party DefendantAppellant, versus JERRY KATZMAN, DefendantCounter ClaimantCounter DefendantAppellee, JOHN DOE I, et al., Defendants, JARED KATZMAN, et al., Third Party PlaintiffsCounter Claimants. 2 Case: 11-12945 Date Filed: 02/14/2013 Page: 3 of 4 ____________ Appeals from the United States District Court For the Middle District of Florida ______________ (February 14, 2013) Before DUBINA, Chief Judge, BLACK and ALARCÃ N, * Circuit Judges. PER CURIAM: This case involves an employment dispute that went to verdict. The facts are simple, but exorbitant motions practice, an inadequate verdict form, sparse jury instructions, and perplexing post-trial procedures have led this simple dispute into disarray. We in no way credit these deficiencies to the manner in which the district court handled this case, but rather to the counsel involved. Plaintiff/Counter Defendant/Appellant Comprehensive Care ( CompCare ) appeals the district court s order granting Defendant/Counter Claimant/Appellee Dr. Jerry Katzman s ( Katzman ) renewed motion for judgment as a matter of law under Federal Rule of Civil Procedure 50(b) and increasing the jury s damages verdict from zero to $1,306,456.00. CompCare also appeals the district court s motion for reconsideration, as well as the attorneys fee award to Katzman. The appeals have been consolidated. * Honorable Arthur L. AlarcÃ³n, United States Circuit Judge for the Ninth Circuit, sitting by designation. 3 Case: 11-12945 Date Filed: 02/14/2013 Page: 4 of 4 After reviewing the record, reading the parties briefs, and having the benefit of oral argument, we conclude a new trial for liability and damages is necessary given the circumstances of this case. Therefore, we reverse the Rule 50(b) judgment and order awarding attorneys fees and remand this case for a new trial on liability and damages. REVERSED and REMANDED. 4

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