WRONGFUL DISCHARGE: Montana supervisor properly terminated by Florida managers based on complaints of Montana employees… H. Brown affirmed. [Read more…]
Archives for April 2013
Trust, distributions from house sale
TRUST: Distributions from house sale properly made first to brothers who had pitched in to save house, then to sister for whom trust was created… McLean affirmed. [Read more…]
Work comp, pain patches, collateral estoppel
WORK COMP: Claim for continued payment of pain patches not barred by collateral estoppel of prior impairment rating entitlement… fees/penalty properly denied due to reliance on prior impairment increase denial for terminating patch [Read more…]
Clerk & Recorder, mandamus to record deed
CLERK & RECORDER properly mandated to record deed in 2002 (prior to amendment of law) to allow sale of mortgage security tract without court order, County not prejudiced by writ 2 days before closing without opportunity to respond… $32,884 fees properly awarded as prevailing party in [Read more…]
Appeal amicus request, RR cumulative injuries
APPEAL AMICUS request as to railroad cumulative injuries denied… order. [Read more…]
Prosecutorial immunity, false arrest/imprisonment
PROSECUTORIAL IMMUNITY properly granted as to false arrest/imprisonment claim stemming from order of protection charge which was later dismissed on venue grounds… J. Brown affirmed (IOR I-3(d)). [Read more…]
Sentencing, child custody burden statement
SENTENCING: Custody burden statement in sentence of mother for assault of infant could have unintended impact on future civil custody proceeding, stricken… $1,060 fines/fees within discretion, claim that ability to pay not inquired into [Read more…]
Sentencing, SRD-enhanced no parole credit
SENTENCING: Challenge of SRD-enhanced sentence that precluded good time toward parole untimely when construed as postconviction petition, may be more appropriate by habeas… Townsend affirmed (IOR I-3(d)(v)). [Read more…]
Double jeopardy, appeal to district court
DOUBLE JEOPARDY not implicated in appeal to district court for trial de novo following conviction in justice court that is not of record… Deschamps affirmed (IOR I-3(d)). [Read more…]
Appeal from municipal court, failure to perfect
APPEAL FROM MUNICIPAL COURT properly dismissed for failure to perfect… McLean affirmed (IOR I-3(d)). [Read more…]
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