JPMorgan Chase Bank, National Assn. v. Lakner

Summary

The court held that the trial court abused its discretion by completely barring discovery of the mortgage file in a contested foreclosure involving a disputed default and payment defense. The court further held that the defendant demonstrated prejudice because the lack of discovery prevented him from investigating potentially improper interest, insurance, and payment-related charges and from challenging the plaintiff's trial evidence. The judgment was reversed and the case was remanded for denial of the protective order and a new trial.