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Luck v. Regions Bank

The trial court erred in granting defendants' motions for judgment notwithstanding a mistrial in the plaintiff's suit for conversion and breach of contract because conflicts in the evidence remained.

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Jesse Von Luck appeals the trial court’s orders entering judgment notwithstanding a mistrial in favor of Regions Bank and Virginia A. Skinner in this dispute arising out of a real estate transaction. Luck sued Skinner for breach of contract and both Skinner and Regions for converting $23,000 Luck alleged should have been disbursed to him upon closing the sale of his chicken farm to Skinner. After declaring a mistrial because the jury could not reach a verdict, the trial court granted Regions’ and Skinner’s motions for judgment notwithstanding the mistrial. Because conflicting evidence remains for jury resolution, we must reverse.

A motion for a judgment notwithstanding a mistrial is analogous to a motion for a directed verdict or motion for judgment notwithstanding the verdict in that the same can be sustained only where “there is no conflict in the evidence as to any material issue and the evidence introduced, with all reasonable deductions therefrom shall demand a particular verdict.” OCGA § 9-11-50 a.

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