Shaman v. Monex Credit Co.
Defendants Monex Credit Company (Monex) and Louis E. Carabini (together, Appellants) appeal from an order granting Ihsan N. Shamaan equitable relief from the dismissal of his lawsuit.[1] The trial court granted the motion on the ground of extrinsic mistake and specifically found that counsel had abandoned Shamaan, that Shamaan had diligently sought relief from dismissal, and that Appellants would suffer no prejudice.
We affirm. After confirming our jurisdiction, we conclude the trial court did not abuse its discretion by granting Shamaan equitable relief from the dismissal. Substantial evidence supported the trial court’s findings, which satisfied the legal criteria for extrinsic mistake based on counsel’s misconduct. Because we affirm on the ground of extrinsic mistake, we do not address the parties’ arguments on extrinsic fraud.
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