TORCHWOOD PROPERTIES, LLC v. McKinnon

OPINION

ROSS, Judge.

This appeal requires us to decide whether we can meaningfully review for prejudicial error a district court’s denial of a party’s midtrial motions for a continuance or a new trial after the party reacted to the denial by refusing to participate further in the trial. Trial counsel for a landowner suing its neighbor for negligent property maintenance discovered while cross-examining the neighbor that the neighbor had failed to produce handwritten notes requested during discovery. After the district court denied the plaintiff landowner’s motions for a continuance or for a new…