Rodgers v. Acuncius

CLARK, Chief Judge.

Respondent, Garry Acuncius, a real estate broker, had judgment against appellants, Curtis and Linda Rodgers, in the amount of $74,600.00 for a real estate commission. The judgment followed a jury trial of respondent’s claim which was tried separately from counterclaims and cross-claims filed by appellants. The issue on this appeal is whether the trial court erred in severing respondent’s claim for commission and conducting a separate trial of that claim.

The record on appeal as filed by appellants does not include any transcript of testimony, only the pleadings and some…