Endsley v. Wolfe Camera Supply Corp.

WELLS, Judge.

The sole question presented on appeal is whether it was error for Judge Brown to set aside the judgment for defendant on grounds of “surprise” on the facts in this case. We find no error.

In his order of 15 December 1977, Judge Brown made careful findings of fact with respect to the events surrounding the initial trial, and then concluded as a matter of law that plaintiff was entitled to have the judgment set aside. A motion for relief under Rule 60(b) is addressed to the sound discretion of the trial court and appellate review is limited to determining whether the trial court…