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Appeals court considers whether summary judgment should be vacated after late opposition in Fossil Construction case
Summary
Appellant argued a superior-court summary judgment should be vacated because opposing counsel failed to file a timely opposition (claimed excusable neglect) and asked the panel to expand the record to include a FedEx transmittal; appellees said the superior court had a complete 400+-page appendix and did not abuse its discretion.
On March 9 the appeals panel heard argument in an appeal involving summary judgment and whether the superior court properly disposed of claims after a party failed to file a timely opposition.
Israel M. Sanchez Jr., speaking for appellant Carmine Fossil, asked the panel to vacate the superior court's summary-judgment entry and to expand the record to include evidence that the appellant said would…
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