Universal Interactive LLC v. Anton CA4/3

INTRODUCTION

Plaintiffs Joel Barry Shamitoff, Universal Interactive LLC (Universal), and Universal Interactive Licensing, LLC (Universal Licensing), appeal from a nonsuit order 1 made at the beginning of trial. Shamitoff, Universal, and Universal Licensing are referred to collectively as Plaintiffs. They contend the trial court erred by denying their request for a trial continuance, by granting a nonsuit before opening statements, and by denying their motion for a new trial. Applying the deferential abuse of discretion standard, we conclude the trial court did not err by denying Plaintiffs’ motion, made on the first day of trial, to continue the trial. Although the court erred by granting nonsuit before opening statements, the error was harmless because Plaintiffs’ counsel acknowledged he had no witnesses or evidence to present. Plaintiffs did not present evidence of circumstances that would constitute an irregularity in proceedings or abuse of discretion by the trial court justifying a new trial. We therefore affirm.

BACKGROUND

I. Complaint; Oral Settlement

Plaintiffs’ complaint, which was filed in April 2010, asserted causes of action for indemnity, contribution, breach of…