Crain’s Detroit reports that the risky legal strategy employed by Park West to sue the mysterious Fine Art Registry for defamation has taken another unexpected turn. First, Park West lost the original trial and to add insult was assessed damages. The jury verdict was so odd, it was set aside. Now, instead of appealing that. Lawrence Zatkoff , a US District judge, has ordered them to start all over again:

Zatkoff last month denied a request from Park West for a new judgment in its favor as a matter of law, but did grant a new trial in all of the claims except for a small subset of them involving Hochman.

“Unfortunately the case law is against us going forward on (an appeal) right now. You can’t really appeal a decision for a new trial, because it isn’t a final order,” said Donald Payton at Farmington Hills-based Kaufman Payton & Chapa PC, who is defending Fine Art Registry in Park West’s suit and represents several buyers in a separate lawsuit filed at Oakland County Circuit Court.

“You generally have to wait to complete the second trial, and then go from there on your appeal. I really researched it, and wanted to do it, but you can’t at this point.”

Park West Galleries Inc., Global Fine Art Registry choose new trial over appeal (Crain’s Detroit Business)