Whitney v. Brown

A trustee appeals an order granting summary judgment in favor of one of the defendants in an action claiming mismanagement of trust assets. We affirm.

At the hearing on the defendant's motion for summary judgment, the trustee’s counsel admitted:

That’s right, Your Honor. If they’re going to produce everything, and she [defendant] has produced everything she had under her control, we don’t contest the motion for summary judgment, although we would ask the court to hold off on ruling until they’ve produced those documents.

Based on the above statement, and because the dismissed party swore she had…