Anderson v. Smith

The plaintiff, David Anderson, received a jury verdict on his claims that the defendant, Paula Smith, violated her fiduciary duties of *790good faith and due diligence in conducting a foreclosure sale. Smith appeals an order of the Superior Court (Fitzgerald, J.) denying her motion to set aside the verdict because of juror misconduct and awarding attorney’s fees to Anderson. Anderson cross-appeals the superior court order setting aside the verdict, sua sponte, because of a conflict of interest between Smith and her counsel. We affirm in part and vacate in part.

We first address Anderson’s…