First AFG Financial Corp. v. Security Union Title Ins. Co.
In a nonpublished opinion, First AFG Financial Corporation v. Security Union Title Insurance Company (Dec. 8, 2010, G042855) (First AFG I), we reversed the trial court’s entry of judgment in favor of First AFG Financial Corporation (First AFG), arising out of First AFG’s breach of contract and negligence causes of action against Security Union Title Insurance Company (Security Union), in a dispute over the recording of documents. We concluded insufficient evidence supported the trial court’s finding (1) there was a contract between First AFG and Security Union, and (2) Security Union owed a duty of care to First AFG.
On remand, the trial court set a trial date but then entered a revised judgment in favor of Security Union. The trial court later granted First AFG’s motion to vacate the revised judgment. The court then granted First AFG’s ex parte application to file a first amended complaint. Security Union appeals from the trial court’s order granting First AFG’s motion to vacate the revised judgment.
In its opening brief, Security Union argues the trial court erred in granting the motion to vacate the revised judgment because: (1) the court had the authority to enter the revised judgment; (2) retrial after an appellate court reversal based on insufficient evidence is prohibited; and (3) First AFG’s two new causes of action are barred by the “law of the case†doctrine.
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