RICHARD PARISI v. MICHAEL MIRANDA, individually, and on behalf of ISLAND SHORE HOMES, INC., 34 Fla. L. Wkly D1476a (Fla. 4th DCA July 22, 2009)

In this case, a shareholder received a jury verdict awarding him damages individually.  After entry of the verdict, defendants filed a motion for new trial and judgment notwithstanding the verdict (JNOV) because the shareholder’s expert valued the stock as of the incorrect date.  The trial court denied the motion because, among other reasons, defendants had not moved for a directed verdict at the close of the evidence.  The appellate court affirmed the portion of the order denying a JNOV, but reversed the portion of the order denying a new trial.  The court held that the verdict was contrary to the manifest weight of the evidence, and while the absence of a directed verdict motion barred a JNOV, it did not bar a new trial.