Goforth v. Fifield

Appellee sued Appellant for trespassing on his property. Because Appellant’s counsel did not appear at the final pretrial conference and otherwise failed to comply with the scheduling order previously set forth, the district court sanctioned Appellant by limiting his presentation of evidence at trial to testifying himself and cross-examining witnesses called by Appellee. Ultimately, the court ruled in favor of Appellee. The Supreme Court affirmed in part, reversed in part, and remanded, holding that the district court (1) did not abuse its discretion in sanctioning Appellant as it did for his attorney’s failure to comply with discovery procedures; (2) did not err in ruling that Appellant trespassed upon Appellee’s property; (3) did not commit clear error when it awarded damages for reclamation resulting from Appellant’s trespasses; but (4) erred in awarding an amount for damages resulting from Appellant’s camper and pickup truck being parked on Appellee’s property from November 4, 2011 until the date of trial. Remanded. View "Goforth v. Fifield" on Justia Law