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MTW Inv. Co. v. Alcovy Properties Inc.

The trial court's jury instruction on nominal damages was erroneous and contradictory.

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This is the fourth appearance of this case before this Court. In Case Number A05A0102, MTW Investment Company “MTW”1 appeals the jury’s award of $625,000 in nominal damages to Alcovy Properties Inc. “Alcovy”, contending that the award is excessive as a matter of law. MTW also argues that the trial court erred in instructing the jury and in awarding post judgment interest.2 In Case Number A05A0103, Alcovy cross-appeals, asserting that the trial court erred in excluding evidence of additional attorney fees accrued.3 For reasons that follow, we reverse in Case Number A05A0102, which renders the cross-appeal moot. The undisputed facts show that MTW was a limited partner of Regency Forrest Association “Regency”. Regency owned a parcel of land, which it sold to Alcovy. MTW brought suit against Alcovy, alleging that Regency lacked authority to sell the property, and it filed a lis pendens against the property. Alcovy moved for summary judgment on MTW’s claim, and the trial court granted the motion.4

Alcovy also filed a counterclaim against MTW for abusive litigation in accordance with Yost v. Torok .5 Although the trial court dismissed the counterclaim, this Court held that dismissal improper.6 Thus, the case eventually went to trial, during which Alcovy asserted that it had been damaged by virtue of MTW filing the lawsuit and lis pendens. Specifically, Alcovy argued that, if the lis pendens had not been filed, which clouded the title to the property, it could have subdivided the property and sold it for a substantial profit. The jury evidently agreed, and it awarded Alcovy $330,045 in damages and $75,000 in attorney fees. Because Alcovy had already received $214,500 for the property in a condemnation proceeding, the trial court offset this amount from the damages award.

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