CONTRACT/FRAUD: Appeal not moot despite Plaintiff’s purchase of property at sheriff’s sale as Defendant could still redeem… summary judgment for Defendants properly precluded by fact issues as to alleged fraudulent transfer… transaction improperly [Read more…]
Archives for March 2014
Church property, schism
CHURCH PROPERTY: Local faction voting 71% to leave hierarchy over homosexual clergy properly precluded from taking property for failure to attain 90% per local constitution, property to remain with minority members, except for cash titled under name of [Read more…]
Marital, maintenance
MARITAL: Extended maintenance properly awarded in part based on income imputed to husband… appeal fees/costs denied in light of maintenance and estate distribution… Townsend affirmed (IOR I-3(d)). [Read more…]
DUI, license reinstatement, truck/building
DUI: 61-8-403 reinstatement procedures prevail over Rule 12 responsive pleading requirements, State not required to respond to petition prior to hearing… acquittal of DUI not preclusive as to reinstatement… license properly suspended based on DUI indicia and reasonable grounds to believe Defendant had been driving [Read more…]
Assault with weapon, victim identity
ASSAULT WITH WEAPON: Jury properly instructed that it must agree that either of 2 alleged victims or both suffered reasonable apprehension but need not identify the victim… justifiable force [Read more…]
12(b)(6) dismissal, claims against health insurer
12(b)(6) DISMISSAL of complaint against health insurer granted… J. Brown. [Read more…]
$1,483,449 attorney fees, coal tract transfer
ATTORNEY FEES: $1,483,449 fees/costs recommended by Strong approved by Christensen for decades of stonewalling by US which forced Plaintiffs to litigate statutory right to coal tract transfer, over objection by US to rates of $500 for 1 attorney, $300 for 6. [Read more…]
Defense verdict, insurance bad faith
VERDICT: Defense, alleged insurance bad faith in claim against law firm credit card collection case. [Read more…]
Settlements
Plan I
Robert Rivera, multiple, 4/13, $47,469, Leslae Dalpiaz [Read more…]
Fraud on court, res judicata, attorney fee collection
FRAUD ON COURT claim in attorney fee collection properly rejected based on res judicata, law of case, waiver following prior default judgment affirmance… request for “reasonable” appeal fees [Read more…]