Howell v. Davis

In this conversion action, the jury returned a verdict for Respondent Howell against Respondent Davis, Jr., in an amount which exceeded the amount requested in the complaint. Respondent Davis, Jr., made motions for mistrial, new trial, and judgment notwithstanding the verdict. Respondent Howell joined in the motions for mistrial and for a new trial as to Respondent Davis, Jr., only. Appellants made no motions.

The court granted a mistrial as to all parties on the ground the verdict exceeded the complaint’s request. Appellants object to the court’s granting a mistrial and requiring them to…