Anderson v. Kohler

Plaintiffs, Richard A. Anderson and Sandra E Anderson, appeal the judgment of the trial court in favor of defendants, Donald J. Kohler, Betty J. Kohler, and Arrowhead Development Group, following a bench trial on plaintiffs’ complaint. We agree with plaintiffs that the tried court violated their due process rights when, over their objection, the court relied on a transcript of their case-in-chief from a prior trial on their complaint rather than let them present their case-in-chief anew before the court. We reverse and remand.

The background of this matter is set forth in our prior decision,…