Flagstar Enterprises, Inc. v. Foster

I respectfully dissent from the decision to reverse the denial of the defendant's postjudgment motion and to remand for an evidentiary hearing on the motion. The defendant did not file any affidavit or other evidentiary material to support the postjudgment motion at any time during its pendency. Thus the defendant failed to provide the trial court any proof whatsoever that Juror S. had ever been employed by the defendant at any of its restaurants so as to owe an affirmative answer to the defendant's question whether he had ever been so employed. Likewise, the defendant provided the trial…