Ensco Distributing Corp. v. Oppenheimer Precision Products, Inc.

CRIST, Judge.

Oppenheimer Precision Products, Inc., (defendant) appeals after a January 9, 1986 judgment was entered on a jury verdict in favor of Ensco Distributing Corporation (plaintiff) in an action to recover sales commissions. Defendant, on January 30, 1986, filed an untimely motion for a new trial in a Motion for New Trial Upon Motion of Defendant or Sua Sponte. That motion alleged two types of misconduct by the same juror, juror’s failure to fully disclose his relationship to probate court litigation over a family estate, and juror’s speaking with two of plaintiff’s trial witnesses…