Question 1

What is a judgment notwithstanding the verdict (JNOV) in Florida?

Accepted Answer

A judgment notwithstanding the verdict (JNOV), now called a renewed motion for directed verdict or judgment as a matter of law, is a post-trial motion asking the court to reverse the jury’s verdict. Under Florida Rule of Civil Procedure 1.480(b), the court may grant JNOV if, viewing the evidence in the light most favorable to the non-moving party, no reasonable jury could have reached the verdict. The motion must be filed within 15 days after the verdict. JNOV is an extraordinary remedy: courts rarely grant it because it overrides the jury’s findings of fact. The movant must have previously moved for a directed verdict at the close of the evidence to preserve the right to seek JNOV.

Question 2

When do Florida courts grant JNOV?

Accepted Answer

Courts grant JNOV when: no reasonable jury could have reached the verdict based on the evidence presented, the verdict is legally unsupportable (the law does not support the jury’s conclusion), the evidence is so one-sided that the verdict is clearly erroneous, or the jury made an error of law (applied the wrong legal standard). Courts do not grant JNOV simply because they disagree with the jury’s weighing of the evidence or credibility determinations. The standard is very high: the court must find that no reasonable view of the evidence supports the verdict. In Florida real estate litigation, JNOV motions are most common in cases involving complex contract interpretation, fraud claims, and damages calculations.

Question 3

What is the relationship between directed verdict and JNOV in Florida?

Accepted Answer

Directed verdict and JNOV are procedurally linked: a directed verdict (Rule 1.480(a)) is made during trial, before the case goes to the jury, arguing that the evidence is insufficient to support a verdict for the opposing party. If the court denies the directed verdict and the jury returns an unfavorable verdict, the movant can renew the motion as a JNOV (Rule 1.480(b)). The JNOV motion uses the same standard as the directed verdict motion. Critically, a party must move for directed verdict during trial to preserve the right to seek JNOV after trial. Failure to move for directed verdict waives the right to JNOV.

Judgment Notwithstanding Verdict JNOV

Judgment Notwithstanding the Verdict (JNOV) in Florida

Requirements

When Granted

Directed Verdict Connection

Related Terms

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