McCormack v. FLENS

KHOUZAM, Judge.

Michael J. McCormack appeals a final judgment that granted James R. Flens’ motion for directed verdict as to civil theft after the return of a favorable jury verdict. We reverse and remand with directions to reinstate the jury verdict in favor of Mr. McCormack.

The evidence, taken in the light most favorable to Mr. McCormack, reflects that Mr. McCormack paid Dr. Flens, a psychologist, an $8000 retainer to conduct a child custody evaluation. Dr. Flens then spent several hours interviewing Mr. McCor-mack and his former wife, performing psychological tests, and reviewing records.…