defendant's motion for directed verdict
, the plaintiff cannot argue that he
Nonetheless, a defendant is still required to file a post-verdict motion for judgment in accordance with the prior motion for directed verdict
to preserve the issue for appellate review.
At the close of the plaintiffs' evidence, the defendants' motion for directed verdict
was granted because the plaintiffs failed to elicit specific testimony from Dr.
Because the evidence did not so overwhelmingly favor the defendants such that no verdict for the plaintiff could stand, the court concluded that the trial court did not err in denying the defendants motion for directed verdict
15) Post trial motions, such as motions for new trial or motion for judgment in accordance with a previous motion for directed verdict
must be brought within 10 days of the return of the verdict, Fla.
19) It is possible to try to cure the failure to make a motion for directed verdict
in a civil case by filing a motion for new trial that states that the verdict is contrary to the evidence or to the weight of the evidence.
020(h), the filing of an authorized and timely motion for new trial or rehearing, clarification, or certification; to alter or amend; for judgment notwithstanding verdict or in accordance with prior motion for directed verdict
, or in arrest of judgment; or a challenge to the verdict postpones rendition of the order until the order is resolved.
Motion in Accordance with Prior Motion for Directed Verdict
2002) (holding that motion for new trial preserved challenge to sufficiency of evidence on appeal notwithstanding defendant's failure to renew the motion for directed verdict
at the close of all of the evidence).
Florida should join the list of jurisdictions that have updated their standard by recognizing the fundamental correlation between a motion for directed verdict
and a motion for summary judgment.