MARITAL: Decree improperly entered without incorporating property settlement exhibit resulting in award of 100% of home to husband, wife’s motion to amend 2½ years later upon discovery of error improperly denied… fees improperly awarded to husband without consideration of resources… Todd reversed. [Read more…]
Archives for July 2016
$1,890,000 verdict to Defendant, trucking dispute
VERDICT: $1,890,000 to Defendant/Counterclaimant in trucking company dispute… liability for punitives against Plaintiff found but waived… unjust enrichment claim to be decided by Judge. [Read more…]
Sentencing, meth quantity, judge v. jury
SENTENCING: Judge improperly found 4.536 kg of meth for sentencing purposes when jury found less than 50 grams… organizer enhancement relied on unreliable hearsay… Haddon reversed. [Read more…]
Settlements
Plan I
Linda Hicks, multiple, 3/07, disputed entitlement to additional medical benefits, $90,000 for all claims, stipulated judgment, Sydney McKenna for Hicks, Leo Ward & Morgan Weber for MSGIA [Read more…]
Easement, laches, trail destruction, easement road
EASEMENT: Laches properly applied to bar claims stemming from trail destruction by easement road construction… Hayworth affirmed. [Read more…]
Easement, lakeshore easement, lake flooding
EASEMENT: Plaintiffs have single easement over existing lake road, not co-existing express, implied, prescriptive, or necessity easements for elevating road to accommodate flooding… Plaintiffs had no authority to apply for lakeshore improvement permit on Defendants’ land… cost-sharing by Defendants constitutes sufficient consideration for maintenance agreement, agreement not breached by Defendants… Plaintiffs breached detour agreement as to removal of fill and restoration of Defendants’ property, assessed $5,300 costs… claim of conversion of fill rejected… Defendants awarded fees/costs under §25-7-105… Ulbricht affirmed, reversed. [Read more…]
Auto dealership, overlapping dealers
AUTO DEALERSHIP: §747 defense by protesting Billings Chrysler dealer waived by settlement in Michigan federal case, jurisdiction properly retained over Montana challenge to overlapping dealers… judicial review improperly dismissed as nonjusticiable as terminated dealer could still obtain relief from DMV ruling that additional dealership not authorized… Todd affirmed, reversed. [Read more…]
Parenting plan modification, mother’s moves
PARENTING PLAN modification supported by mother’s multiple moves and school relocations for child… fees/costs properly denied to mother over claim of “vexatious” conduct by father… Menahan affirmed. [Read more…]
Vexatious litigant, sanctions, filing restrictions
VEXATIOUS LITIGANT: Attempt to relitigate TOP after it had already been challenged and upheld on appeal, then appeal to this Court again, along with multiple frivolous filings, merits vexatious litigant designation, $1,000 sanction, restrictions on filings… Haynes affirmed (IOR I-3(c)). [Read more…]
Trial security, under-pants leg brace
TRIAL SECURITY: Failure to apply Herrick test before denying removal of under-pants leg brace during trial of Defendant charged with kidnap, burglary, intimidation, escape harmless error, request to remove brace properly denied… J. Brown affirmed. [Read more…]