The defendants (Foodfest, Henry Ender, and Sue Ellen Ender) brought a motion for leave to appeal a decision that dismissed their summary judgment motion, which sought to dismiss the plaintiff's claims against them on the basis of limitation periods.
The court applied the strict two-part test for granting leave to appeal under Rule 62.02(4).
It found no conflicting decisions on matters of principle and no reason to doubt the correctness of the motion judge's order that transcended the immediate parties' interests.
The motion judge's finding that the discoverability of the conspiracy claims was a genuine issue requiring a trial was upheld.
Consequently, the motion for leave to appeal was dismissed, and costs were awarded to the plaintiff.
