Archives for October 2015

Schools, territory transfer

October 3, 2015 By lilly

SCHOOLS: District failed to preserve statutory issue as to necessity of sworn statements in territory transfer hearing, claim did not warrant plain error review, merits improperly reached… McKeon reversed. [Read more…]

Marital, PI settlement

October 3, 2015 By lilly

MARITAL: Master equitably apportioned estate with substantial PI settlement… Bowen/J. Brown affirmed. [Read more…]

Note, “untimely” payments, $39,747 fees/costs

October 3, 2015 By lilly

NOTE PAYMENTS timely the business day after Sunday or holiday or late payments waived by failure to object… $39,747 fees/costs properly awarded Defendant under terms of note… Larson affirmed (IOR I-3(d)). [Read more…]

Restitution, PFMA victim’s mental treatment

October 3, 2015 By lilly

RESTITUTION: Privacy/disclosure interests of PFMA victim’s mental treatment form should be balanced to determine if Defendant is entitled to review counseling costs… Herrington/H. Brown reversed. [Read more…]

Justice Court, jury waiver

October 3, 2015 By lilly

JUSTICE COURT: Jury trial waived by failure of Defendant to personally appear at pretrial hearing, good cause to conduct DUI bench trial past 6 months… Wilson/ Lympus affirmed. [Read more…]

DUI, replacement instructions

October 3, 2015 By lilly

DUI: Defense not impaired by State’s timely replacement of proposed instructions with instructions fitting charge… McKeon affirmed (IOR I-3(d)). [Read more…]

Trust, aged mother ranch manager

October 3, 2015 By lilly

TRUST: No support for claim that bank mismanaged trust by letting aged mother manage ranch, but any such fiduciary breach ratified by beneficiary signing Receipt of Distribution, no support for claim that Receipt was based on fraudulently withheld information… Moses. [Read more…]

Discovery of Facebook posts

October 3, 2015 By lilly

Discovery of Facebook posts compelled… Sandler. [Read more…]

Settlements

October 3, 2015 By lilly

Plan I

Sandra Francisco, knee/neck/back, 2/13, ice slip & fall, all benefits paid, MMI 5/14, 0% impairment by LaVerne Lovell, released to work with no restrictions, additional medical denied, $75,000, disputed liability, medical closed as of 5/14 MMI, stipulated judgment; Stacy Tempel-St. John for Francisco, Norman Grosfield for MACoWCT [Read more…]