The Court cited a number
of reasons, including that it is not appropriate for an appellate court, twice removed from the parties» initiating motion, to grant this relief; the appellants have not had the opportunity to make full submissions on this new
issue; the «irregularity» that State Farm seeks to correct was intentional; the
delay in seeking the alternate relief was significant; the pleadings would be deficient and unable to support an ongoing action by the Trustee without further amendments; and State Farm is a
sophisticated party.