What is judgment not withstanding the verdict? How can you reverse a jury’s findings?

Palm Beach Probate lawyers know that a jury can be a toss up. What happens when a jury returns a verdict in your Delray Beach will contest that simply does not reflect what the facts presented? Can you challenge a jury verdict without appealing? Have you considered using a judgment not withstanding the verdict (also called judgment n.o.v.)?

What is a J.N.O.V. Motion?

• In Florida a litigant has a right to a jury trial in most cases, including in a Delray Beach will contest. 
• A jury is a group of regular people who are supposed to act in an unbiased way to determine your case. They are supposed to utilize reason and facts. In other words we expect a jury to act rationally. Do you think that juries only use facts and evidence in their considerations?
• Sometimes a case may be so one sided that an experienced Palm Beach Probate Attorney feels there is no need for them to present their defense. They can ask the judge to direct a verdict for their client without even offering evidence! Have you ever heard of a motion for directed verdict?
• Cases are not always so cut and dry and Palm Beach Probate Attorneys regularly go to trial and present their case in courts throughout West Palm Beach including Delray, Boytnon, Delray, Jupiter and more. When this happens a jury will get a chance to render a verdict. 
• Besides an appeal is there any remedy for a verdict not in your favor? Have you ever heard of a motion for judgment not withstanding the verdict (J.N.O.V.)?

Appellate Court of Illinois, Fourth District Refuses to Grant J.N.O.V. in Will Contest

• On April 10, 2015 the Appellate Court of Illinois issued its opinion in Estate of Schutzbach v. Stoltz which can be found in the slip opinion section of N.E. 3rd, see 2015 IL App (4th) 140600-U.
• I have also included a link to the entire opinion, just click here.
• The respondent filed a petition to probate her father’s estate. Two of her father’s siblings challenged the will on grounds of undue influence and lack of testamentary capacity.A jury trial commenced. A verdict was returned and the will was deemed invalid.
• Is that the end of road for this will contest? 
• The respondent motioned during trial for a J.N.O.V. and after it was refused she appealed,only to lose again. According to the court, the verdict in the case was mainly about witness credibility and thus trial court was proper in not granting a motion for J.N.O.V..  Do you agree? Can believing some witnesses in and of itself be consideredirrational?
• So when is such a motion appropriate?