Boyce
MURRAY'S IRON WORKS, INC. v. Boyce
Opinion
Opinion
Elia, J.
This case involves a suit for breach of a contract to build and install decorative ironwork at the residence of appellant Phillip R. Boyce (hereafter Boyce). Plaintiff, Murray’s Iron Works, Inc. (hereafter MIW), sought $66,222.44 in damages together with interest thereon and requested attorney fees and cost of suit from Boyce. Boyce cross-complained. Eventually, on January 17, 2006, the matter proceeded to jury trial. On January 23, 2006, Boyce filed a motion for nonsuit pursuant to Code of Civil Procedure section 581c, subdivision (a). Ultimately, the court denied the motion for nonsuit. On January 26, 2006, the jury rendered special verdicts finding in favor of MIW. The jury awarded MIW $66,222.40 on the breach of contract cause of action, and $49,004.65 in civil penalties. The court entered judgment on the special verdicts on February 7, 2006. On the same date, the court served notice of entry of judgment. MIW filed a memorandum of costs on February 15, 2006, and a motion for attorney fees.
Subsequently, on February 16, 2006, Boyce filed a motion for judgment notwithstanding the verdict (JNOV) or in the alternative an order granting a new trial.