Levine v. Hans

SMART, Presiding Judge.

This appeal presents issues related to the concept of “surprise” as used in Rule 74.06 of the Supreme Court Rules. Bernard B. Levine, Steven Karbank, Neil Karbank and Roberta Jacobs appeal from an order granting a *359motion for relief from judgment filed under Rule 74.06. Appellants claim that the trial court erred in granting the respondents’ motion for relief from judgment because: (1) neither the law nor the facts permitted any finding of surprise within the meaning of Rule 74.06; (2) laches barred the action; and (8) grounds for equitable relief did not exist. The…