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

Citation: 254 F. App'x 600Docket: No. 06-15726

Court: Court of Appeals for the Ninth Circuit; November 13, 2007; Federal Appellate Court

Narrative Opinion Summary

The case involves an appeal by Roderick Stewart and Stewart Annoyances, Ltd. against a district court judgment favoring Rio Properties, following a jury verdict. The primary legal issue concerns whether the district court erred in allowing the jury to determine the existence of a contract for a concert scheduled on December 30, 2000. Stewart contended that the district court violated the appellate mandate by submitting the contract theory to the jury, as the prior appeal only addressed the admissibility of extrinsic evidence related to a force majeure clause. The appellate court clarified that its previous silence on contract validity left the matter open for consideration upon remand. However, since the contract formation issue was not preserved in the pre-trial order, the district court's submission of this issue to the jury was deemed erroneous. Additionally, Stewart's argument regarding an unsigned jury verdict form was dismissed as irrelevant due to the jury's finding of no contract formation. As a result, the appellate court reversed the district court's judgment and remanded the case for a new trial on the merits, emphasizing that this decision is not to be published or used as precedent except under specific rules.

Legal Issues Addressed

Appellate Review of Trial Court's Jury Submission

Application: The appellate court found that the district court erred in submitting the contract formation issue to the jury as it was neither identified nor preserved in the pre-trial order.

Reasoning: However, the absence of contract formation was neither identified nor preserved in the pre-trial order, which typically eliminates such issues from consideration.

Effect of Unresolved Contract Validity on Jury Submission

Application: The absence of an appellate mandate regarding contract validity left the issue open for consideration upon remand, permitting the district court to present it to the jury.

Reasoning: The court clarifies that its earlier silence on the contract issue left it open for consideration upon remand, thus allowing the district court to present the contract validity to the jury.

Impact of Unsigned Jury Verdict Form

Application: An unsigned jury verdict form on the breach of contract claim does not indicate a decision on the merits of defenses, as the jury found no contract formation.

Reasoning: The appellate court, however, notes that the jury's finding of no contract formation means the unsigned form does not imply a decision on the merits of Stewart's defenses.

Pre-Trial Order Modification Authority

Application: The district court has the authority to amend the pre-trial order to prevent manifest injustice, but it did not exercise this authority in the present case.

Reasoning: The district court has the authority to modify the pretrial order to avoid manifest injustice, but no such modification was made in this case.