Paletti v. Corbin

The order on appeal vacates the prior order granting partial summary judgment for Appellants, Paletti. That vacated order had been entered some 2-1/2 years earlier by a prior judge in the case. The successor judge, acting sua sponte, vacated the prior order granting summary judgment without statement of any specific grounds. At the time the vacating order was entered, the pleadings had not been further amended and no new facts had been presented to the successor judge. Following a bench trial, the successor judge entered final judgment in favor of Appellees.

The parties do not dispute that…