U.S. Bank N.A. v. ManningAnnotate this Case
U.S. Bank National Association (the Bank) filed an amended complaint for residential foreclosure against Thomas Manning. The case progressed through its pretrial stages. Eventually, the superior court dismissed the Bank’s foreclosure complaint with prejudice as a sanction for the Bank’s failure to comply with the court’s discovery order. The Bank appealed, arguing that the court abused its discretion in dismissing the complaint under the circumstances and that the court erred at several points as the case proceeded through its procedural steps. The Supreme Court agreed with the Bank and vacated the judgment of the superior court, holding that the order dismissing the Bank’s complaint with prejudice was an abuse of the court’s discretion.