explaining that summary judgment is not available in post-judgment vacation proceeding, but uncontested post-judgment issues when properly identified may be settled by summary process
How later courts described this case
- explaining that summary judgment is not available in post-judgment vacation proceeding, but uncontested post-judgment issues when properly identified may be settled by summary process
- finding no civil remedy for plaintiff’s allegations that opposing counsel committed fraud, deceit, perjury, and spoliation of evidence during an earlier, separate trial
- remedies for litigation-related misconduct must be pursued in the litigated case, or by criminal or bar-discipline proceedings
- "Although a few jurisdictions have adopted the tort of spoliation, most of the courts which have considered the issue have refused to recognize spoliation as an independent cause of action in tort."
Written by the judges who cited it.
The opinion
SUMMERS, C.J.,
concurring in part and dissenting in part.
¶ 1 I concur in the Court’s opinion disposing of appeal no. 89,582.
¶ 2 As to appeal no. 90,489, I concur with most of what the Court has said regarding the law applicable to that matter. I dissent, however, from remand. Defendants were given the opportunity to offer further submissions, and stood silent. I believe at that point in time the trial court and all parties justifiably concluded that the matter stood fully submitted. I would affirm the trial court.