Gamet

Sue Garnet and American Solutions, Inc. (ASI) appeal from a postjudgment order denying a motion to set aside a judgment of dismissal in their action against Christopher Blanchard, Ron Cordova and Cordova Accountancy Corporation (Cordova). Garnet argues it was an abuse of discretion to deny her relief, and she contends the original dismissal was unwarranted. ASI contends an order allowing its counsel to withdraw never became operative, so all subsequent orders against it were invalid. We conclude Garnet's motion to vacate the judgment against her should have been granted.

Blanchard and Cordova move to dismiss ASI's appeal as untimely filed. When the notice of appeal was filed, it was too late to appeal from the judgment itself, and ASI was not a party to the set-aside motion. Therefore, we agree ASI's appeal must be dismissed. The judgment against Garnet is reversed and remanded.

According to the complaint, ASI was a computer sales business owned and operated by Garnet and Blanchard. Garnet held 51 percent of the stock, Blanchard 49 percent, and they were the sole directors. Blanchard was treasurer and chief financial officer, and presumably Garnet held the remaining…

Sue Gamet and American Solutions, Inc. (ASI) appeal from a postjudgment order denying a motion to set aside a judgment of dismissal in their action against Christopher Blanchard, Ron Cordova and Cordova Accountancy Corporation (Cordova). Gamet argues it was an abuse of discretion to deny her relief, and she contends the original dismissal was unwarranted. ASI contends an order allowing its counsel to withdraw never became operative, so all subsequent orders against it were invalid. We conclude Garnet’s motion to vacate the judgment against her should have been granted.

Blanchard and Cordova move to dismiss ASI’s appeal as untimely filed. When the notice of appeal was filed, it was too late to appeal from the judgment itself, and ASI was not a party to the set-aside motion. Therefore, we agree ASI’s appeal must be dismissed. The judgment against Gamet is reversed and remanded.

I

Facts

According to the complaint, ASI was a computer sales business owned and operated by Gamet and Blanchard. Gamet held 51 percent of the stock, Blanchard 49 percent, and they were the sole directors. Blanchard was treasurer and chief financial officer, and presumably Gamet held the remaining…

I dissent.

Like my colleagues, I sympathize with Sue Garnet’s misfortune. And I regret the intemperate choice of words of the trial judge. Unlike my colleagues, I cannot find “there was an abuse of discretion because of a combination of events,” and I cannot find authority for reversal because of “the appearance of substantial unfairness.” And while reliance by the majority upon the rules of kickball will ordinarily make opinions more intelligible to me, I fear that it will not provide much guidance to trial judges trying to discern from this opinion just how they must handle an in propria persona litigant.

My colleagues recognize in one sentence the hoary but still vigorous rule that “pro per litigants are not entitled to any special treatment from the courts,” but devote several paragraphs to setting out the kinds of special treatment trial judges will be obliged to accord them under this opinion.

In propria persona litigants have become more common in recent years and seem destined to become a much larger portion of the trial court docket than they have been in the past. It may be time to reassess our case law regarding them. And while I agree with much that is said in the…