Stewart v. Kirkland

PREWITT, Judge.

Plaintiff sought damages against the Defendant based upon fraud. A jury returned a verdict in favor of Plaintiff for $78,700.00. Judgment was entered in accordance with the verdict. Defendant appeals, presenting two points relied on.1

Defendant contends there was error in submitting two instructions and in denying Defendant’s motion for judgment notwithstanding the verdict because a submissible case was not made. As the instructions complained of were not set forth in the argument portion of Defendant-Appellant’s brief, as required by Rule 84.04(e), the alleged instruction error…