Rio Properties, Inc. v. Armstrong Hirsch Jackoway Tyerman & Wertheimer

MEMORANDUM *

Roderick Stewart and his company, Stewart Annoyances, Ltd. (collectively, “Stewart”), appeal the district court’s entry of judgment against Stewart following a jury verdict in favor of Rio Properties (“Rio”). Because the parties are familiar with the factual and procedural history, we will not recount it here. At issue is whether the district court erred by inviting the jury to decide whether the parties had entered into a contract for the December 30, 2000 concert. We hold that it did, and we reverse the judgment of the district court.

Stewart first contends that the district court violated our mandate by submitting the theory to the jury. In our memorandum opinion resolving Stewart’s first appeal following summary judgment, we held *601 only that “the district court abused its discretion in refusing to admit Stewart’s extrinsic evidence related to the applicability of the force majeure clause and the inapplicability of Paragraph D(18).” Although the memorandum did use the term “contract,” at no point did Stewart’s original appeal ever present the issue of whether the agreement between Stewart and Rio was a valid contract, nor did we decide that issue either…