ERA CLASS. COM, INC. v. Stoddard

On Application for Rehearing.

The opinion of June 29, 2007, is withdrawn, and the following is substituted therefor.

The defendants, ERA Class.Com, Inc. ("ERA"), and Robert Mikkelsen, appeal from the denial of their postjudgment motions seeking a judgment as a matter of law ("JML") or, in the alternative, a new trial. We reverse and remand with instructions.

The plaintiffs, Charles David Stoddard ("Dr. Stoddard") and Rita Stoddard ("Mrs. Stoddard"), sued ERA and Mikkelsen in June 2004. The Stoddards alleged that Mikkelsen, a real-estate agent with ERA, had listed a parcel of property in Gulf…