Palermo v. Cottom

RENDLEN, Judge.

Defendants Perry and Links appeal from judgment in a malicious prosecution action awarding $1,000 actual damages against defendants jointly and punitive damages of $2,000 against Perry and $100 against Links.

Defendants contend the court erred: (1) in refusing to direct a defendants’ verdict on plaintiff’s failure to make a submissible case; (2) in failing to declare a mistrial following plaintiff’s injection of prejudicial, non-responsive testimony; and (3) by its failure to grant a mistrial after making certain comments indicating the court’s partiality, irritability and…