Dae v. Patterson

The plaintiff prematurely filed her motion for a new trial before the trial court entered judgment on the jury's verdict denying her motion to set aside a deed in which she gifted her home to the defendants.

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Following a jury trial in this action to set aside a deed, plaintiff Ethel Dae appeals the jury verdict in favor of defendants Larry and Nenita Patterson, arguing that the trial court should have granted her motion for new trial because the jury’s verdict was strongly against the weight of the evidence and should have excluded an audiotape for lack of foundation. Because the motion for new trial was filed prematurely, it was void, and the trial court therefore did not err in denying it. Nor did the trial court abuse its discretion in finding that the Pattersons laid a sufficient foundation for the admission of the audiotape. Accordingly, we affirm. The record shows that Dae filed a complaint against the Pattersons to set aside a deed, which she had executed and in which she had conveyed fee simple title in a certain residence to the Pattersons1 as a gift. She testified at trial that through mutual mistake, accident, or fraud, the deed failed to reflect her agreement with the Pattersons that she was to have a life estate in the residence, that her grandson was to receive title to the residence once the Pattersons were dead, that the Pattersons were to pay all unpaid and future taxes and utilities on the property, that the Pattersons were not to sell the property, and that the Pattersons were not to place a lien on the property. She admitted that an attorney retained by her prepared the deed, which document the attorney explained to her before she voluntarily executed it in his office. She was fully aware that none of these conditions were in the deed.

The dispute leading to the current lawsuit to set aside the deed arose when Dae announced she was not vacating the residence. The judge allowed the jury to hear an audiotape of a voice mail message Dae left on Larry Patterson’s cell phone, in which she stated that she had changed her mind and had decided not to move out. Based on the evidence, the jury rendered a verdict in favor of the Pattersons.

Dae v. Patterson

The plaintiff prematurely filed her motion for a new trial before the trial court entered judgment on the jury's verdict denying her motion to set aside a deed in which she gifted her home to the defendants.

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