Cirou v. Naples Awning & Glass, Inc.

BOARDMAN, Acting Chief Judge.

The sole issue on this appeal is: Did the trial court err in refusing to allow plaintiff/appellant Cirou to reopen- his case on remand for the purpose of presenting rebuttal evidence where the trial court originally ruled in favor of Cirou without affording him an opportunity to present rebuttal evidence and this court reversed that ruling on appeal? We hold that, under the unusual circumstances of this case, the trial court did so err, and we reverse.

Cirou originally sued appellee Naples Awning & Glass, Inc. (Naples) on a promissory note, seeking foreclosure of a…