Archives for May 2014

Guardianship, failure to “immediately appeal”

May 10, 2014 By lilly

GUARDIANSHIP: Appeal of guardian appointment waived by failure to “immediately appeal”… Salvagni affirmed (IOR I-3(d)). [Read more…]

Paternity, alternative fathers, DNA

May 10, 2014 By lilly

PATERNITY assertion against 2nd putative father properly rejected following DNA test of 1st putative father… Krueger affirmed. [Read more…]

Marital, support, income averaging

May 10, 2014 By lilly

MARITAL: Support calculation properly based on income averaging… counselor’s advice properly considered in custody determination… Sherlock affirmed. [Read more…]

Probation search, purse, pills, drug offense

May 10, 2014 By lilly

PROBATION SEARCH of purse proper in light of drug offense and deferred imposition medications condition, pills in purse properly not suppressed… Wheelis affirmed. [Read more…]

ARD, plywood mill v. smoking

May 10, 2014 By lilly

Treating physicians’ testimony supports ARD from plywood mill over insurer’s contention of long-term smoking, last injuriously exposed to asbestos at successive mill employers, not at [Read more…]

OD filing time, pain meds v. taken off work

May 10, 2014 By lilly

Petitioner knew/should have known she had OD on day her doctor took her off work and referred her to a specialist, not earlier when she was taking pain meds… decision on remand from reversal of prior finding of untimely claim… Shea. [Read more…]

Settlements

May 10, 2014 By lilly

Plan I

Tyler Brown, low back, 4/13, $58,196, Tom Murphy [Read more…]

Property/fees, HOA, lot no-division, $371,513 fees

May 3, 2014 By lilly

PROPERTY/ATTORNEY FEES: Review of fees does not revive moot issue (1st impression), attempt to challenge interpretation of amended covenants to become prevailing party in HOA dispute mooted by dispute resolution… Restated Covenants did not preclude fees to prevailing party pursuant to original [Read more…]

Prescriptive easement, neighborly accommodation

May 3, 2014 By lilly

PRESCRIPTIVE EASEMENT properly established by adverse use despite neighborly accommodation, scope more than just moving cattle… Gilbert affirmed. [Read more…]

Name change/consolidation, judge substitution

May 3, 2014 By lilly

NAME CHANGE/CONSOLIDATION: Children’s surname properly changed to that of step-father… challenge properly consolidated with other divorce-related cases over claim of denial of right to substitute judges… Knisely/Fagg affirmed. [Read more…]