DEFAMATION: Statement by daughter to parents that she was stalked by HOA suit defendants, republication by parents to HOA defendants’ lawyer, properly dismissed… Jones affirmed (IOR I-3(d)). [Read more…]
Archives for April 2014
Public road, 2 judges, anomalous rulings
PUBLIC ROAD: Different judgments by different judges as to same road anomalous but each addressed different sections based on records reflecting differing practices & histories, revisit of prior Opinion affirming 1st judgment barred by res judicata… Sherlock affirmed. [Read more…]
Procedure, answer amendment, mistaken admission
PROCEDURE: Defendant should have been allowed to amend answer as soon as mistaken admission was brought to his attention by motion for judgment on pleadings… Newman reversed (IOR I-3(d). [Read more…]
Cyberstalking, order of protection
CYBERSTALKING stemming from blogging properly found to not warrant order of protection… Haynes, Larson affirmed (IOR I-3(d)). [Read more…]
Oil & gas, MAPA v. de novo review
OIL & GAS: Petition objecting to spacing units order improperly dismissed for relying on MAPA in addition to §82-11-144 de novo review… Cybulski reversed. [Read more…]
Marital, 2-year-old CSED calculations
MARITAL: No abuse in incorporating 2-year-old CSED calculation in final decree… no abuse in awarding part of claimed fees without reasonableness hearing… no abuse in allowing children to move to Washington with mother in light of father’s failure to support and medical marijuana operation… J. Brown affirmed. [Read more…]
Marital/foreign judgment
MARITAL/FOREIGN JUDGMENT: Reopening of Arizona divorce judgment 6 years later properly denied as untimely… Hegel affirmed (IOR I-3(d)). [Read more…]
Disorderly conduct, single hearer, fighting words
DISORDERLY CONDUCT: Sufficient evidence that Defendants disturbed peace by directing racial epithet toward single person from their car on public street (Cmts requiring more than single person inaccurate)… “spic bastard” fighting words, not constitutionally protected… Todd affirmed. [Read more…]
Aggravated assault, infant, jury waiver, mens rea
AGGRAVATED ASSAULT: Attorney’s signed motion for bench trial, ratified by Defendant’s failure to object, satisfied requirement for written waiver of jury… unobjected right to presence claims must be preserved for review by established method such as plain error, no plain error in Defendant not being present at video deposition [Read more…]
Sanctions, amendment to require pay or jail
SANCTIONS: No jurisdiction to amend order to provide jail for failure to pay $2,500 sanctions 1½ years after matter should have terminated when party failed to appeal… McLean reversed. [Read more…]
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