INSURANCE: Insurer entitled to contest reasonableness of $12 million confessed judgment in house construction dispute… final judgment reversed… Ortley reversed. [Read more…]
Archives for March 2015
MUCC, boat/trailer ownership transfer
MUCC controls transfer of ownership of boat & trailer, not title (not signed by purchasers)… as identification happened before seizure by judgment assignee, purchasers’ rights are superior, injunctive relief for return properly granted… Ortley affirmed (IOR I-3(d)). [Read more…]
Probate, will contest, laches
PROBATE: Objection to informal probate of will, claim of lack of capacity, properly rejected based on laches… Christopher affirmed (IOR I-3(d)). [Read more…]
Tax deed, failure to file affidavit of publication
TAX DEED: Treasurer’s failure to file affidavit of publication did not render tax deed void… attempt to distinguish prior opinion inconsistent with position below… Langton reversed (IOR I-3(d)). [Read more…]
Parental termination, “be nice” requirement
PARENTAL TERMINATION: Father’s failure to “be nice” properly considered in termination… Newman affirmed (IOR I-3(d). [Read more…]
Restitution, future counseling, assault victim
RESTITUTION properly required for future counseling/treatment of assault victim despite payments by state programs… McKeon affirmed (IOR I-3(d)). [Read more…]
Plea withdrawal, erroneous commitment acronym
PLEA WITHDRAWAL: Erroneous commitment to “MPC” rather than “DOC” per plea agreement was properly corrected factual error, not basis for withdrawal… Knisely affirmed (IOR I-3(d)). [Read more…]
Sentencing, prescription drug conditions
SENTENCING: Prescription drug conditions proper… Townsend affirmed (IOR I-3(d)). [Read more…]
New trial, MVA defense verdict, hand fracture
NEW TRIAL granted following defense verdict that found admitted negligence was not cause of injury despite evidence that hand fracture was caused by MVA… jurors’ speculation that fracture was covered by insurance not reason to grant new trial… Pinski. [Read more…]
House defects, building code, negligence/punitives
HOUSE DEFECTS: Evidence of non-party City’s action or inaction in enforcing building code inadmissible as to developers’ violation of code (negligence), but admissible as to state of mind vis-à-vis punitives, may be presented only in punitives part of bifurcated trial… Gilbert. [Read more…]