Walton

Defendant and appellant Philip L. Magno appeals from an order granting a motion for judgment notwithstanding the verdict brought by plaintiffs and respondents Cumie L. Walton and Neda S. Walton after a jury verdict in favor of Magno on the issue of liability. The trial court ordered a trial on the issue of damages. We conclude the appeal is tajken from a nonappealable order and there is no final judgment. Accordingly, we dismiss.

Procedural Background

Plaintiffs filed an action against defendant for malicious prosecution arising out of an action for fraud brought by defendant against plaintiffs, which fraud action had terminated in plaintiffs’ favor. The malicious prosecution action proceeded to trial before a jury. The trial court found defendant had not acted with probable cause in filing the underlying action. The matter was then submitted to the jury on the issues of malice, compensatory damages and punitive damages. On July 13,1992, the jury returned a special verdict finding defendant had not acted with malice in filing the underlying action. Judgment on the special verdict was entered in favor of defendant on that same date. On July 28, 1992, plaintiffs brought a…