BUY-SELL of elderly brothers’ ranch breached by buyers based on jury verdict, gift deed void based on jury finding of undue influence… buy-sell judicially rescinded, title to ranch quieted in favor of brothers… $150,000 jury award vacated because of rescission… Gilbert affirmed. [Read more…]
Rehearing of rehearing order denied
REHEARING to reinstate paragraph stricken on petition for rehearing denied… Order. [Read more…]
Rehearing granted striking part of quitclaim Opinion
REHEARING granted of Opinion affirming son’s quit claim acquisition of elderly mother’s home over her Estate’s claim of undue influence, fraud, unjust enrichment… issue of mother’s ownership share was never brought into the litigation and Judge should not have ruled on it…Brown affirmed with contested paragraph stricken. [Read more…]
Property, quitclaim undue influence, unjust enrichment
PROPERTY: Son’s quit claim acquisition of elderly mother’s home affirmed over her Estate’s claim of undue influence, fraud, unjust enrichment… Brown affirmed (memorandum). [Read more…]
Contempt, failure to comply with gift deed judgment
CONTEMPT: Defendants who were found by jury to have acquired elderly brothers’ ranch by breached buy-sell and gift deed under undue influence found in contempt for failing to comply with judgment requiring release of mortgage… Defendants again ordered to complete release of mortgage as well as a post-verdict mortgage modification used to pay Defendants’ attorney, but brothers may at their discretion proceed with sale of the property with proceeds paid to bank entered as a supplemental judgment against Defendants… Gilbert. [Read more…]
Appeal bond, $659,350 to stay ranch buy-sell judgment
APPEAL BOND: Requests for relief from Gilbert’s requirement of $659,350.43 bond to stay judgment pending appeal of ranch buy-sell judgment denied… order. [Read more…]
Ranch buy-sell breached per jury, judicially rescinded
BUY-SELL of elderly brothers’ ranch breached by buyers based on jury verdict, Gift Deed void based on jury finding of undue influence… buy-sell judicially rescinded, title to ranch quieted in favor of brothers, mortgage taken by buyers without payment to sellers must be released by buyers… $150,000 jury award vacated since Court imposed judicial recision… Gilbert. [Read more…]
Restitution, deferred sentence revocation/resentencing
RESTITUTION: Elder theft Defendant’s 6 years deferred properly revoked and replaced with new 6 years deferred for failure to make good-faith effort to pay $87,339.50 restitution and fees (paid $3,799 restitution, 0 fees). . . Townsend affirmed. [Read more…]
Prisoner mistreatment, juvenile jail detainee
PRISONER MISTREATMENT: “Prisoner” in 45-5-204 includes juvenile jail detainee, not limited to one serving prison sentence, charge against deputy improperly dismissed… H. Brown reversed. [Read more…]
Prisoner mistreatment, detained juvenile
PRISONER MISTREATMENT: “Prisoner” in 45-50-204 means one serving sentence at prison or other State facility as result of conviction, not applicable to juvenile detained in interview room at jail pending relocation and wearing restraint… [Read more…]