Boone Ford, Inc. v. IME Scheduler, Inc.

The Supreme Court held in this appeal regarding two cases that were consolidated before trial by one superior court judge and then tried by another superior court judge that (1) the first judge erred in consolidating the cases because he was not scheduled to preside over the consolidated trial, but (2) the judge who presided at trial effectively corrected the procedural error, which left no error for the appellate courts to address.The Court concluded that the first judge’s consolidation order had no binding effect on the second judge because the first judge was not scheduled to preside over the trial. By ultimately consolidating the cases, the presiding judge implicitly ratified the consolidation decision, leaving the trial and judgment untainted. Therefore, other the first judge’s order was procedurally in error, but the presiding judge’s implicit determination that the cases should be consolidated for trial replaced the first judge’s determination on consolidation and corrected the procedural error that the first judge had made. View "Boone Ford, Inc. v. IME Scheduler, Inc." on Justia Law