Thompson v. Maslia

I find myself in disagreement with my colleagues as to Division 4 of the majority opinion.

Having exercised his discretion to reopen the matter during the same term at which the original orders were entered and having conducted a new hearing supplementary to the original trial for consideration of additional evidence, the judge below was then further required to exercise sound legal. discretion to determine if the new evidence, which was a sale completed by appellees for $95,000 warranted ratification of the previous confirmation. I recognize the extent of discretion here vested in the trial…