How Do You Waive a Judgment on the Evidence Argument?
Procedure
September 20, 2011
By presenting your own evidence. See Board of Works of the City of Lake Station v. I.A.E., Inc., Consulting Engineers, ___ N.E.2d ___ , n. 3 (Ind. Ct. App. 2011), Cause No. 45A03-1007-CP-369..
By presenting your own evidence. See Board of Works of the City of Lake Station v. I.A.E., Inc., Consulting Engineers, ___ N.E.2d ___ , n. 3 (Ind. Ct. App. 2011), Cause No. 45A03-1007-CP-369..
In its Appellant's Brief, Lake Station set forth its argument regarding the lack of evidence by contending that the trial court erred in denying its motion for judgment on the evidence. However, following the trial court's denial of Lake Station's motion for judgment on the evidence, it presented evidence on its own behalf and apparently did not renew its motion for judgment on the evidence at the close of evidence. Therefore, any appeal of the denial of Lake Station's judgment on the evidence motion is waived based on its subsequent presentation of evidence.
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