Teri Sneberger v. Jerry Morrison, d/b/a Jerry Morrison Construction, and James Phillips

Sneberger v. Morrison · Supreme Court of Appeals of West Virginia · June 11, 2015 · No. No. 14-0662

Summary

This document is a dissenting opinion in an appeal involving the trial court’s imposition of a five-and-one-half-hour limit on each party’s presentation of evidence in a construction-related case. The dissent argues that the trial court arbitrarily changed the parties’ pretrial understanding of a three-day trial without adequate notice or analysis, thereby prejudicing the plaintiff and implicating due process and fair-trial concerns. Justice Benjamin joined the dissent.

Questions Presented

  1. Whether the circuit court abused its discretion by imposing an unexpected five-and-one-half-hour limit on each party's presentation of evidence after trial had begun.
  2. Whether the imposition of the time limit warranted a new trial because it impaired the plaintiff's ability to present her evidence and implicated due process and basic trial fairness.

Disposition

other

Cases Cited (6)

  • Johnson v. Ashby, 808 F.2d 676, 678 (8th Cir. 1987)(followed)
  • Duquesne Light Co. v. Westinghouse Elec. Corp., 66 F.3d 604, 610 (3d Cir. 1995)(followed)
  • In re Marriage of Ihle, 577 N.W.2d 64, 68 (Iowa Ct. App. 1998)(followed)
  • AC v. AC, 134 Haw. 221, 235, 339 P.3d 719, 733 (2014) (Pollack, J., concurring)(followed)
  • Maloney v. Brassfield, 251 P.3d 1097, 1103 (Colo. App. 2010)(followed)
  • Goodwin v. Goodwin, 618 So. 2d 579, 583-84 (La. Ct. App. 1993)(followed)

Cited In (0)

No citing cases on record yet.

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