Robert J. Seltzner v. Rdk Corporation, an Indiana Corporation D/B/A Cortney's Restaurant

Seventh Circuit

Robert J. Seltzner v. Rdk Corporation, an Indiana Corporation D/B/A Cortney's Restaurant

756 F.2d 51, 1 Fed. R. Serv. 3d 984, 1985 U.S. App. LEXIS 29297

CourtCourt of Appeals for the Seventh Circuit

DecidedMarch 6, 1985

Docket85-1011

StatusPublished

Cited by9 cases

This text of 756 F.2d 51 (Robert J. Seltzner v. Rdk Corporation, an Indiana Corporation D/B/A Cortney's Restaurant) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Robert J. Seltzner v. Rdk Corporation, an Indiana Corporation D/B/A Cortney's Restaurant, 756 F.2d 51, 1 Fed. R. Serv. 3d 984, 1985 U.S. App. LEXIS 29297 (7th Cir. 1985).

Pincite

Opinion

PER CURIAM.

The jury in this diversity personal-injury case brought in a verdict for the plaintiff of $69,500. On the defendant’s motion the district judge ordered a new trial unless the plaintiff would agree to remit $29,500 of the jury’s award. The plaintiff has appealed from this order, and the defendant has moved to dismiss the appeal.

An order for a new trial is not a final order appealable under 28 U.S.C. § 1291; and since the plaintiff in this case refused to accept the remittitur, the order from which he is appealing is an order for a new trial, and is not appealable. Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 101 S.Ct. 188, 66 L.Ed.2d 193 (1980) (per curiam). If the plaintiff isn’t satisfied with the outcome of the new trial he can appeal from the judgment entered at the conclusion of that trial and can seek reinstatement of the original jury award. See id. at 36, 101 S.Ct. at 190. We add for completeness that if the plaintiff had accepted the remittitur, he could not appeal at all. Donovan v. Penn Shipping Co., 429 U.S. 648, 97 S.Ct. 835, 51 L.Ed.2d 112 (1977) (per curiam).

Appeal Dismissed.

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PER CURIAM.

The jury in this diversity personal-injury case brought in a verdict for the plaintiff of $69,500. On the defendant’s motion the district judge ordered a new trial unless the plaintiff would agree to remit $29,500 of the jury’s award. The plaintiff has appealed from this order, and the defendant has moved to dismiss the appeal.

An order for a new trial is not a final order appealable under 28 U.S.C. § 1291; and since the plaintiff in this case refused to accept the remittitur, the order from which he is appealing is an order for a new trial, and is not appealable. Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 101 S.Ct. 188, 66 L.Ed.2d 193 (1980) (per curiam). If the plaintiff isn’t satisfied with the outcome of the new trial he can appeal from the judgment entered at the conclusion of that trial and can seek reinstatement of the original jury award. See id. at 36, 101 S.Ct. at 190. We add for completeness that if the plaintiff had accepted the remittitur, he could not appeal at all. Donovan v. Penn Shipping Co., 429 U.S. 648, 97 S.Ct. 835, 51 L.Ed.2d 112 (1977) (per curiam).

Appeal Dismissed.

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Bluebook (online)

756 F.2d 51, 1 Fed. R. Serv. 3d 984, 1985 U.S. App. LEXIS 29297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-j-seltzner-v-rdk-corporation-an-indiana-corporation-dba-ca7-1985.

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