ALDWORTH CO., INC. v. England

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that under OCGA § 9-11-50, a party is barred from contending on appeal that it was entitled to a directed verdict based on the sufficiency of the evidence to support a claim if the party failed to move for a directed verdict as to that claim at trial
• a party seeking a judgment notwithstanding the verdict must have moved for directed verdict at trial
• a party who has not moved for a directed verdict based on the insufficiency of the evidence can still obtain a new trial on that ground under OCGA § 5-6-36, even though a j.n.o.v. is unobtainable under OCGA § 9-11-50
• OCGA § 5-6-36 (a) permits “a party to obtain only a new trial on appeal if she prevails on a claim that the evidence was insufficient to sustain the verdict, but failed to move for a directed verdict on that ground at trial.”
• even if a defendant has waived his right to contest the denial of a motion for j.n.o.v. because he failed to move for a directed verdict, he may nonetheless move for a new trial “to review the sufficiency of the evidence under the ‘any evidence’ standard of review”

Source: CourtListener parenthetical corpus (CC0).