Denson v. Moses

After reviewing the record, I conclude that Terry Denson failed to meet the burden required to submit the issue of Robert Moses’s testamentary capacity to a jury. Accordingly, I must respectfully dissent.

“ ‘An appellate court, when reviewing a ruling on a motion for a judgment as a matter of law, uses the same standard the trial court used initially in granting or denying the motion. Regarding questions of fact, the ultimate question is whether the nonmovant presented sufficient evidence to allow the case or the issue to be submitted to the jury for a factual resolution.... [T]he nonmovant…