Court of Appeals Case No. 19CA1424
Petition for Writ of Certiorari DENIED.
JUSTICE GABRIEL and JUSTICE SAMOUR would grant as to the following issues:
Whether the court of appeals, by failing to consider the context and procedural history, erred by applying the wrong legal standard when interpreting the Rule 56(h) order and by holding that Radermacher's failure to appeal the 56(h) order was fatal.
Whether, when an appellate court raises a new issue sua sponte, counsel for all parties should be afforded a full and fair opportunity to brief the new issue before it is finally determined, and whether the court of appeals erred by failing to give petitioner such an opportunity.