Appeals of Directed Verdicts

Generally, an order denying a motion for a directed verdict is not directly appealable provided there is no statute saying otherwise.  It is reviewable only on appeal from the final judgment.  However, an appeal of the denial of a motion for a directed verdict may be treated as a certiorari petition for the discretionary purpose of appellate review.  The general rule of nonappealability applies to an order granting a motion for direction of a verdict.

In Samia v. Ballard, 25 N.C. App. 601 (N.C. Ct. App. 1975), an action was brought by a lessor against lessee for failure to use the premises as a full-scale service station with automobile repair facilities.  The jury could not agree on a verdict, and therefore the lessee moved for a judgment in accordance with its earlier motions for directed verdict which was denied by the lower court.  The court held that an order denying motion for directed verdict following a mistrial is not appealable.  According to the Federal practice rules, when the court denies a motion for judgment n.o.v. and orders a new trial, there is no judgment from which to appeal.


Inside Appeals of Directed Verdicts