Mill Alley Partners v. Wallace

OPINION

JOHNSEN, Chief Judge.

¶ 1 After a jury entered a general verdict in favor of the defendant on a landlord’s claim for breach of a guaranty, the superior court granted a new trial because it concluded it had erred by allowing the jury to decide whether the claim was barred by laches or equitable estoppel. Equitable defenses are for the court to decide, not the jury. But because the landlord had failed to object, absent fundamental, prejudicial error, the superior court lacked the power to grant a new trial on that ground. On appeal, the landlord has not demonstrated it was prejudiced by…