The moving party sought to reopen a Court of Appeal decision disposing of appeals concerning guardianship of an incapacitated person.
The moving party alleged that new information had been deliberately concealed, consisting of quarterly reports revealing a $43,000 payment to Section 3 Counsel for appeal work and a $442,000 transfer between accounts.
The moving party contended these payments evidenced an improper litigation agreement and breach of fiduciary duty.
The court dismissed the motion under Rule 2.1.02 as frivolous, vexatious, and an abuse of process, finding the information was not genuinely new and could not have affected the original decision.
