Vukanovich v. Kine

When the trial court grants JNOV, the proper procedural course, if the appellate court reverses the JNOV, is to remand to the trail court to determine whether there is additional evidence to support the alleged claim.

Kine petitioned the Court for reconsideration of their decision on appeal to reverse the trial courts judgment notwithstanding the verdict (JNOV) in favor of Kine against Vukanovich for breach of contract. The Court did so because the evidence presented in favor of Kine was based on conduct of Vukanovich that occurred after the contract had been terminated. Kine argued that this Court erred in directing the trial court to reinstate the verdict for breach of contract instead of remanding to the trial court for further proceedings on this issue so that evidence could be presented that occurred during the course of carrying out the conduct that might support his claim. The Court agreed with Kine that the proper procedural course would be to remand to the trial court to see if there is other evidence that would be sufficient that points to conduct of Vukanovich prior to the termination of the contract would support the alleged inequitable conduct. Reconsideration allowed; former disposition withdrawn; former opinion modified and adhered to as modified; judgment on the breach of contract claim reversed and remanded; otherwise affirmed.