Ridgaway v. Mount Vernon Fire Insurance Co.
Annotate this CaseAt issue in this case was whether the Appellate Court properly determined that the trial court abused its discretion when it rendered a judgment of nonsuit against Plaintiffs for their counsel’s conduct in relation to counsel’s failure to comply with a court order. The Supreme Court affirmed the judgment of the Appellate Court insofar as the court reversed the judgment of nonsuit but directed the Appellate Court to remand the case to the trial court for further proceedings to consider a sanction proportionate to the facts supported by the record, holding (1) certain factual findings were not supported by the record; and (2) it could not be determined as a matter of law whether the trial court would have imposed the same sanction in the absence of these facts.
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