Bailey v. Sharp

Before FLAUM, EASTERBROOK, and RIPPLE, Circuit Judges. Per Curiam The jury in this civil rights suit returned a verdict on June 27, 1985, awarding Joseph L. Bailey $80,000 against defendant Kevin C. Andrews. The clerk immediately entered a judgment. The judge then stated in open court: ""I will set a briefing schedule. I will probably give you more time than the rules allow but I must - you are on your own as to when you would file any motion for - I mean when you have to file any notice of appeal. I am not giving free advice on that subject. I am just setting the schedule. . . . It has been determined that the defendant Kevin C. Andrews has until the 15th of July, 1985 to file any and all motions in favor of the motion for a directed verdict and indeed to file a motion for a new trial."" Andrews filed his motion for a new trial 15 days later, on July 12. The district court granted the motion conditionally on September 9, ordering a new trial unless Bailey accepted a remittitur to $17,000. Bailey rejected the remittitur, so on October 7 the court made the order for a new trial unconditional.