Lerner, Etc. v. Halegua, Etc.

Victor Lerner appeals an order imposing sanctions for litigation misconduct and a partial final judgment on liability. We reverse and remand based on Mr. Lerner’s well-taken objections to the admission of certain photographs during the evidentiary hearing on the appellees’ claims of litigation misconduct.

Facts and Procedural History

The claims and counterclaims in an otherwise unremarkable civil lawsuit were in mid-trial before a jury. On a Saturday morning, after four days of trial, a strange sequence of events unfolded. Mr. Lesley Winston, a professional advisor to appellee Ino Halegua,…