Mercer v. BusComm, Inc.

ROBERT G. DOWD, JR., Judge

Charles Len Mercer (“Appellant”) appeals from judgment notwithstanding the verdict in favor of BusComm Incorporated following a jury trial. Appellant also appeals the trial court’s denial of his motion for attorney fees. BusComm cross-appeals the trial court’s denial of its motion for attorney fees. We reverse and remand the JNOV and affirm the trial court’s denial of both Appellant’s and BusComm’s claims for attorney fees.

Appellant worked for BusComm in a sales position as a healthcare systems consultant and received a base salary plus a commission for sales made.…