Plaintiff files a motion to enter judgment not withstanding the verdict of the jury. Plaintiff contends that the jury verdict is against the overwhelming weight of the evidence.
Florida Motion JNOV
State:
Multi-State
Control #:
US-60925
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Word;
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FAQ
The granted motion for judgment notwithstanding the verdict ?is essentially an order granting a motion for a directed verdict during trial except that the judgment is made after the jury has returned the verdict.?Yacker v. Teitch, 330 So. 2d 828, 829?30 (Fla. 3d DCA 1976) (internal citations omitted).
JMOL motions may also be made after the verdict is returned and are then called "renewed" motions for judgment as a matter of law (RJMOL), but the motion is still commonly known by its former name, judgment notwithstanding the verdict, or JNOV (from the English judgment and the Latin non obstante veredicto).
Some of the most common type of post trial motions include a motion for new trial, a motion for judgment notwithstanding the verdict (JNOV), or a motion to amend or nullify the judgment.
To obtain a directed verdict, the movant must establish that ?the evidence viewed in the light most favorable to the non-moving party, shows that a jury could not reasonably differ as to the existence of a material fact and the movant is entitled to judgment as a matter of law.? Speedway, LLC v.
For example, if a party enters no evidence on an essential element of their case but the jury, the finder of fact, still finds in their favor, the court may rule that no reasonable jury would have disregarded the lack of evidence on that key point and reform the judgment.
The granted motion for judgment notwithstanding the verdict ?is essentially an order granting a motion for a directed verdict during trial except that the judgment is made after the jury has returned the verdict.?Yacker v. Teitch, 330 So. 2d 828, 829?30 (Fla.
This was previously known as a motion for a directed verdict. It allows the trial court to determine whether there is any question of fact to go to the jury and whether any finding other than the one requested would be erroneous as a matter of law.
A motion for judgment notwithstanding the verdict (JNOV) is a motion asking the court to enter a judgment disregarding the verdict rendered by the jury.