ATTORNEY’S LIEN: No judge substitution following remand for proper evaluation of marital maintenance & fees… fired attorney properly denied intervention in fee evaluation… wife’s fees/costs properly reduced from $102,694.80 to $44,475.55 (less $32,638 already paid) under reasonable analysis, then denied altogether because husband unable to pay… Pinski affirmed (IOR I-3(c). [Read more…]
Archives for March 2017
Attorney fees, right-to-know, $0
ATTORNEY FEES: No abuse of discretion in denying right-to-know fees where Plaintiff could have resolved discovery issue administratively… Moses affirmed. [Read more…]
Attorney discipline, fee liens/collections
ATTORNEY DISCIPLINE: Attorney to be publicly censured, abide by other COP recommendations, for improper fee lien/collection actions… opinion & order. [Read more…]
Real estate, condo specific performance
REAL ESTATE: Specific performance of condo purchase not excused by alleged inadequate description in buy-sell, omission of seller’s wife’s name… fees improperly denied… Manley affirmed, reversed. [Read more…]
City annexation, “Wholly Surrounding Land”
CITY ANNEXATION: Separate tracts may be combined under “Wholly Surrounding Land” statute… objecting owners in surrounded area… Allison affirmed. [Read more…]
PFMA/tampering, jailhouse letters, handwriting
PFMA/TAMPERING: Threatening/intimidating jailhouse letters not protected marital communication… officer’s lay handwriting analysis improperly admitted, but error harmless… Fagg affirmed (other grounds). [Read more…]
DUI, arrest in home at night
DUI: Arrest in home at night violative of §3-10-115(1) and 4th Amendment, all subsequent evidence including BAC tests suppressed, but dismissal up to State… State subsequently moved to dismiss which JP granted… Reynolds. [Read more…]
Settlements
Plan I
Randall McCamley, shoulder(s), 9/02, $125,188, Kim Schulke
Joel Bingen, low back, 6/15, $55,000, Kim Schulke [Read more…]
Personal Assistance Program, death, immunity
PERSONAL ASSISTANCE: Liability of provider for drug overdose death of Self-Directed PASP participant precluded by statutory immunity… Fagg affirmed. [Read more…]
Marital, gifted life policy, real estate/farm
MARITAL: Gifted policy on wife’s parents’ lives properly allocated to wife at present value, not face value… real estate and farm gifted to husband properly valued and allocated… Ortley affirmed (IOR I-3(c)). [Read more…]
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