Fillmore v. Hill

KELLY, Judge.

In this opinion, we are called on to determine whether a trial court may properly deem waived an issue relating to a jury’s problematic, but not inconsistent, verdict because a party failed to object to the verdict prior to the jury’s dismissal by the trial court judge. We hold that under such circumstances, a party’s failure to object prior to the jury’s dismissal does not result in the issue’s waiver. Accordingly, for the following reasons, we reverse the order of the trial court and remand for proceedings not inconsistent with this opinion.

This appeal involves a challenge to…