DISMISSAL: Dog bite Defendant improvidently dismissed for Plaintiff’s failure to respond to motion to dismiss for lack of liability, 60(b) motion for relief improperly deemed denied without analysis of attorney’s excuse that he set motion aside expecting Defendant to file brief… Cuffe reversed (memorandum). [Read more…]
Defense verdict, bicycle/auto, back/TBI/concussion
VERDICT: Defense, bicycle/auto, back/TBI/concussion. [Read more…]
Probate, family land sale, written/oral contract
PROBATE: Sufficient writings to find existence of written contract for parents to sell 5 out of 96 acres to grandson, or part satisfaction of oral agreement constituted exception to Statute of Frauds… $18,474.32 damages judgment after 5 acres sold to bona fide purchaser properly entered against 3 daughters in distribution of entire 96 acres to 5 daughters, but should have included all 5… Manley affirmed, reversed. [Read more…]
Supervisory control, disputed jury v. bench trial
SUPERVISORY CONTROL of Manley denied in parties’ dispute over jury v. bench trial… order. [Read more…]
Negligence, passenger fall exiting transporter
NEGLIGENCE claims stemming from passenger fall while existing vehicle transporter properly rejected on summary judgment… Wheelis affirmed (IOR I-3(d)). [Read more…]
Marital, CSED lien enforcement
MARITAL: Only CSED may enforce its support lien, not transferable to 3rd party… Wheelis reversed. [Read more…]
UI, trucker drive-time issue, voluntary quit
UI: Judge improperly substituted findings for BLA findings, improperly concluded Claimant quit for good cause… BLA’s [Read more…]
Property, boundary, prescriptive easement
PROPERTY: Prescriptive easement but no adverse possession over part of claimed boundary land… Prezeau affirmed (IOR I-3(d)(v)). [Read more…]