Manatt's Inc.
v.
Tanam Real Estate, LLC and Joseph J. Manatt
Appellee
Manatt's Inc.
Appellant
Tanam Real Estate, LLC and Joseph J. Manatt
Attorney for the Appellee
John E. Lande and Bryan P. O'Neill
Attorney for the Appellant
Mark E. Weinhardt and David N. Fautsch
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge. AFFIRMED ON APPEAL AND CROSS-APPEAL. Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ. Opinion by Mullins, J. (11 pages)
Joseph Manatt (Joe) and Tanam Real Estate, LLC, (Tanam) appeal a district court order granting a new trial. Manatt’s Inc. cross-appeals, arguing the district court should have limited the new trial’s scope. OPINION HOLDS: On our review of the record, we find there was substantial evidence to support the district court’s denial of Joe’s and Tanam’s motion for directed verdict on the breach-of-fiduciary-duty claim. We also find the answers provided on the verdict form were inconsistent and cannot be harmonized in accordance with the evidence presented at trial. Finally, the breach-of-fiduciary-duty and damages issues are not so distinct and separable to warrant retrial solely on damages.
