¶1concurring. I concur with the majority’s decision to affirm the circuit court because there was sufficient evidence to support finding that the appellants were liable to the appellees.
¶2Defendant-attorneys appeal from the trial court’s denial of their motion for directed verdict and judgment notwithstanding the verdict as to proof of negligence and resulting damages, which is a challenge to the sufficiency of the evidence. Callahan v. Clark, 321 Ark. 376, 386, 901 S.W.2d 842, 847 (1995); see Conagra, Inc. v. Strother, 340 Ark. 672, 676, 13 S.W.3d 150, 153 (2000) (“[A] motion for JNOV is technically only a renewal of the motion for a directed verdict made at the close of the evidence”). Our standard in reviewing the sufficiency of the evidence is well settled: (1) the evidence is viewed in a light most favorable to the appellee; (2) the jury’s finding will be upheld if there is any substantial evidence to support it; and (3) substantial evidence is that of sufficient force and character to induce the mind of the factfinder past speculation and conjecture. Callahan v. Clark, 321 Ark. at 386, 901 S.W.2d at 847.
¶3This court does not try issues of fact but examines the record to determine whether there is substantial evidence to support the jury’s verdict. Conagra v. Strother, 340 Ark. at 676, 13 S.W.3d at 152. Thus, when testing the sufficiency of the evidence on appellate review, this court need only consider the testimony of the appellees and evidence which is most favorable to the appellees. Wal-Mart Stores, Inc. v. Dolph, 308 Ark. 439, 441, 825 S.W.2d 810, 811 (1992). In Arkansas, plaintiffs who make a negligence claim must show the existence of damages proximately caused by the defendant’s negligence. Callahan v. Clark, 321 Ark. at 386, 901 S.W.2d at 847. To show damages and proximate cause in a legal malpractice action, the plaintiff must show that, but for the alleged negligence, the result would have been different in the underlying action. Id.
¶4Given the evidence presented below, I believe that the jury’s verdict of damages is supported by substantial evidence. The appellees testified that they would not have sold their business to Mr. Sitton’s companies but for the assurances and representations of the appellants. The offer from Hahn provided the jury with sufficient evidence that the fair market value of the business was $5,500,000. Likewise, the evidence clearly showed that the appellees collected $4,085,000 from the sale prior to this litigation. Given the fair market value of the business and the payments actually received, the jury’s verdict of $850,000 in damages is not unreasonable and is supported by substantial evidence.
¶5For the reasons stated above, I concur.