Frank – Page 105

Discovery, failure to provide tax returns

July 3, 2010 By Frank

DISCOVERY: Dismissal appropriate for failure to provide tax returns… Stadler affirmed. [Read more…]

Ditch easement, $37,500 for loss of use

July 3, 2010 By Frank

DITCH EASEMENT: Prescriptive easement not extinguished by termination of water rights for failure to pay processing fees… Water Court had authority to reopen/reinstate claims… adjacent developer not notified of reinstatement proceeding, [Read more…]

Marital, surgeon’s income, time of valuation

July 3, 2010 By Frank

MARITAL: Surgeon’s income determined partly correctly, partly incorrectly, estate properly valued from when parties no longer in same household… Newman affirmed, reversed. [Read more…]

Marital, past-due support, equitable estoppel

July 3, 2010 By Frank

MARITAL: Wife not equitably estopped from seeking past-due support… Sherlock affirmed (IOR I-3(d)(v)). [Read more…]

Speedy trial, 519 days, 118 days abscond time

July 3, 2010 By Frank

SPEEDY TRIAL claim involving 519 days between sex offense accusation and initial trial date including 118 days during which Defendant absconded properly rejected even though [Read more…]

Postconviction, endangerment, new evidence

July 3, 2010 By Frank

POSTCONVICTION claim of actual innocence of endangerment based on undisclosed new evidence time-barred… Larson affirmed (IOR I-3(d)(v)). [Read more…]

$1,044,494 verdict, pipe bundle fall onto trucker

July 3, 2010 By Frank

VERDICT: $1,044,494, bundle of pipe fell onto long-haul driver while construction company forklift operator was unloading a bundle on the other side of trailer, fractured legs/crushed foot. [Read more…]

Defense verdict, apartment building fire insurance

July 3, 2010 By Frank

VERDICT: Burned apartment building owners’ claim of breach of insurance contract rejected over insurer’s claim of fraudulent application… insurer entitled to $119,726.84 on [Read more…]

Defense verdict, neighbor’s barn roof blow-off fire

July 3, 2010 By Frank

VERDICT: Defense, fire that destroyed outbuildings after neighbor’s barn roof blew off and cut power line. [Read more…]

Environment, Big Timber beetle sanitation harvest

July 3, 2010 By Frank

ENVIRONMENT: Big Timber Canyon sanitation beetle-kill harvest challenges rejected… Plaintiff member’s declaration of plans to visit area and that project will impair ability to enjoy area and observe wildlife sufficient for standing… Lovell [Read more…]