Daniel R. Leavell and Eva Lovene Leavell - Page 5

                                                 - 5 -                                                    
            to trial.  Witnesses that should have been called were not                                    
            called.                                                                                       
                   At the end of the second day of trial, petitioners brought                             
            into the courtroom 22 dirty, worn-out, mildewy boxes that                                     
            allegedly contained records and documents relating to                                         
            petitioners' businesses that petitioners speculated, if organized                             
            and examined, would support petitioners' entitlement to many of                               
            the items at issue in this case.  These documents, however, were                              
            not organized.  The documents were not presented or offered into                              
            evidence in an organized manner that related to the specific                                  
            issues in the case.  Petitioners' attorney had known about the                                
            documents for at least 2 or 3 weeks before trial, and probably                                
            for much longer, but had not disclosed the existence thereof to                               
            respondent's counsel nor to the Court, nor were the documents                                 
            made available to respondent as required under our Rules and                                  
            pretrial order.  Petitioners and their attorney could not                                     
            describe or explain in any specific, coherent, or meaningful                                  
            manner the nature of the documents in the boxes, the relationship                             
            of the documents to the issues in the case, nor what the                                      
            documents allegedly proved with regard to the issues in the case.                             
                   After trial, the Court held the record open for a period of                            
            time to allow petitioners to organize the documents in the 22                                 
            boxes, to make a presentation to respondent's representatives as                              
            to what the contents of the boxes established with regard to the                              
            adjustments at issue in this case, to confer with respondent                                  




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011