FORECLOSURE: Hearing not required as matter of law to value property to determine deficiency, but properly held as matter of equity… standard for determining market value elucidated… evidentiary errors as to appraisals require remand of finding of 0 deficiency over requested $745,366… Lympus affirmed, reversed. [Read more…]
Archives for November 2015
Tax deed, homestead exemption, quiet title
TAX DEED: Homestead exemption not applicable to tax lien sales… claims of irregular assessment not timely or properly asserted… quiet title summary judgment properly entered without hearing… Allison affirmed. [Read more…]
No-contact order, “suitable mode” procedure
NO-CONTACT order was “suitable mode” of responding to Petitioner’s invocation of jurisdiction… review of no-contact order and purported attorney conflict hampered by lack of transcript… Allison affirmed (IOR I-3(c)). [Read more…]
Title insurance, “separate” lots unmarketable
TITLE INSURANCE: Insurer issued separate policies on lots that had been separated only for providing security for mortgages and thus did not exist as separate lots, deed not marketable, contract breached… Todd. [Read more…]
Constructive discharge, hotel employee, mitigation
CONSTRUCTIVE DISCHARGE: Hotel employee who quit to attend college entirely failed to mitigate, no damages, no need to address merits of constructive discharge claim… Salvagni. [Read more…]
Defense verdict, wrongful discharge addendum
VERDICT ADDENDUM: Alleged public policy violations elaborated on by Plaintiff in defense verdict of wrongful discharge claim by medical physicist/radiation safety officer. [Read more…]
Wrongful discharge, probationary grocery executive
WRONGFUL DISCHARGE: Probationary grocery executive’s wrongful discharge claims dismissed… breach of contractual promise of bonus, breach of implied covenant, defamation, IIED/NIED claims survive to extent they are not based on termination, dismissed to extent they are intertwined with termination… Ostby. [Read more…]
Settlements
Plan I
Diane Iverson, multiple, 2/07, $70,000, medical closed, Richard Martin [Read more…]
Group health plan, made-whole, class certification
GROUP HEALTH PLAN: Class properly certified in made-whole challenge of exclusion requiring auto liability to be exhausted prior to processing health plan claims… 1 known member but others certain to be found or class may be decertified… Sherlock affirmed. [Read more…]
Public road, statutory, prescriptive, reverse adverse
PUBLIC ROAD: Lower branch properly found to have been statutorily created… any public prescriptive easement to upper branch extinguished by reverse adverse possession… Krueger affirmed, reversed. [Read more…]
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