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Strickland & Smith v. Williamson

The trial court was required to conduct a new trial on remand, because the defendants sought a new trial after entry of judgment, rather than moving for a directed verdict or j.n.o.v.

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This is the second appearance of this case in this Court. In Williamson v. Strickland & Smith, Inc. , we reversed the trial court’s award of damages to Strickland & Smith “S & S” against Billy Williamson, Williamson Produce, Inc., and Classic Vidalia, Inc. collectively, “Williamson” for lost profits.1 On remand, the trial court entered judgment in favor of Williamson on S & S’s claim. S & S appeals, arguing that the trial court was required to conduct a new trial on this claim before it could enter a judgment. We agree and reverse. S & S sued Williamson for damages it incurred when Williamson allegedly provided it with onions containing center rot.2 After a bench trial, the trial court awarded S & S $78,450 in damages for lost profits. The trial court denied Williamson’s motion for a new trial, and he appealed. In that appeal, we held that “S & S having failed to put up any evidence of its anticipated expenses, its proof of lost profits was insufficient as a matter of law, and the judgment in favor of S & S must be set aside.”3 The trial court subsequently entered a judgment denying S & S’s claim because it “failed to put up any evidence of its anticipated expenses, and therefore its proof of lost profits was insufficient as a matter of law.”

S & S contends that, due to the procedural posture of the case, the trial court erred in entering a judgment in favor of Williamson without conducting a new trial. It argues that because Williamson did not move for a directed verdict or judgment notwithstanding the verdict, but instead sought a new trial after the entry of judgment, the only post-judgment relief available to him was a new trial.

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