Bennett v. Caton

McMurray, Presiding Judge.

This case involved an action in two counts, that is, for fraud and deceit and for breach of an express warranty. On July 20,1979, the case proceeded to trial in which the jury returned a verdict of actual damages, $2,325; punitive damages, $15,000; and attorney fees, $6,234. The judgment followed the verdict on July 24, 1979, and was filed on the same date.

The defendant contends he filed a motion for judgment notwithstanding the verdict and/or new trial on or about August 21, 1979, allegedly served on the plaintiff. Counsel for plaintiff admits that on or about…