Anthony v. Gator Cochran Constr. Inc.

The trial court did not err in denying the defendants a new trial or j.n.o.v., since the evidence supported the jury's disregard for the defendants' corporate form and entering judgment against all of them jointly and severally.

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Following a jury trial in an action on an account and for fraud, Ray G. Anthony, Anthony Family Limited Partnership, Aqua Toy Store, Inc., Anthony Trucking, L.P., Anthony Aviation Center, Inc., and Anthony Holdings International, L.L.C. collectively “Anthony Entities” appeal from a judgment in favor of Gator Cochran Construction, Inc. “Cochran Construction”. Specifically, the Anthony Entities contend that the trial court erred 1 by denying their motion for judgment notwithstanding the verdict j.n.o.v., or in the alternative, for a new trial, and 2 by denying their motion for new trial due to an inconsistent verdict. Because some evidence supported the verdict, and because the Anthony Entities failed to object to the allegedly inconsistent verdict, we affirm. Construed in favor of the verdict,1 the evidence shows that, with investment from Ray Anthony, Martin Cochran started Cochran Construction, a construction and fabrication company. Cochran was the sole owner of the company , which did work at cost for several of Anthony’s own companies in return for the investment. As Cochran Construction continued to perform work at cost for the Anthony Entities, the Anthony Entities failed to pay certain invoices. Over time, the Anthony Entities’ outstanding account totaled $606,747.96.

Cochran Construction filed suit against the Anthony Entities, seeking reimbursement for the unpaid invoices. Following a trial and the denial of the Anthony Entities’ motion for a directed verdict , a jury awarded damages of $606,747.96 in favor of Cochran Construction to be paid jointly or severally by the Anthony Entities. The jury also awarded certain Anthony Entities $141,422.46 in their counterclaim for a separate debt owed by Cochran Construction. The Anthony Entities moved for j.n.o.v., or in the alternative, a new trial, which motion was denied, giving rise to this appeal.

Anthony v. Gator Cochran Constr. Inc.

The trial court did not err in denying the defendants a new trial or j.n.o.v., since the evidence supported the jury's disregard for the defendants' corporate form and entering judgment against all of them jointly and severally.

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