EASEMENT: Access to residence on one lot and to overflow/recreation use of 2nd lot do not establish prescriptive easement for residence on 2nd lot… Manley. [Read more…]
Archives for 2017
Bankruptcy, $191,993 fees/costs, vexatious appeal
BANKRUPTCY: $191,993 fees/costs awarded to Yellowstone Mountain Club Appellees against Debtor and attorney for vexatious/frivolous appeal. [Read more…]
Environment, whitebark pine listing
ENVIRONMENT: Listing whitebark pine as “warranted but precluded” satisfied ESA where many species are subject to threats as world changes… Christensen affirmed. [Read more…]
Restitution, charitable fraud scheme
RESTITUTION may be imposed for all harm caused by charitable fraud scheme including harm beyond count of conviction… conviction affirmed… Christensen reversed as to restitution, affirmed as to conviction. [Read more…]
Sentencing, migratory birds, misdemeanor v. felony
SENTENCING: Migratory Bird Defendants’Apprendi contentions that they admitted only to misdemeanor conduct in colloquy and thus were improperly sentenced as felons precluded by law of case of prior appellate ruling upholding felony convictions… Molloy affirmed. [Read more…]
MHP retirement, “alternative” to SS
MHP retirement not an “alternative” to SS retirement in this case, PTD improperly terminated… Sandler. [Read more…]
Settlements
Plan II
Dennis Wilson, knee, 4/11, $65,000, medical closed, Tommy Murphy
Tonya Pearson, upper extremities, 3/15, $60,000, Tommy Murphy
Tammy Taylor, shoulder(s), 11/15, $30,000, med reserved, Tommy Murphy [Read more…]
Foreclosure, $190,674 deficiency, $36,089 fees/costs
FORECLOSURE: $190,673.89 deficiency plus $36,088.50 fees/costs affirmed following remand from finding by Lympus of 0 deficiency, urging of $740,673.89 by Credit Union… Allison affirmed (IOR I-3(c)). [Read more…]
Marital, parenting plan amendment, role of GAL
MARITAL: Parenting plan properly amended over GAL’s inappropriate advocacy for mother in limiting 14-year-old’s time with father in Virginia… $500/day contempt for wife encouraging daughter’s defiance to withhold parenting time not appealable until fees/costs determined… Ulbricht affirmed. [Read more…]
Marital, assignment of structured tort settlement
MARITAL: Wife’s due process rights not violated by show cause hearing in her absence (she was out of state) where her lawyer was present and her current husband testified for her… property settlement agreement correctly interpreted that husband’s share of a structured tort settlement which he assigned to wife should be terminated following daughter’s graduation, but 5 years of payments while daughter not in school improperly ordered reimbursed as husband did not request monetary relief in motion… Eddy affirmed, reversed (IOR I-3(c)). [Read more…]
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