CORPORATE OPPRESSION claims by daughter involving father’s estate’s interests in numerous corporations properly dismissed following bench trial case-in-chief. . . $20,927.50 fees/costs properly awarded mother’s conservator attorney under Foy for preparing to defend himself for 2 years before being named (never should have been named) and $35,128 for attorneys retained to defend him at trial, also entitled to fees on appeal but not fees-for-fees. . . Plaintiff not denied a fair trial. . . disbarred Plaintiff declared vexatious litigant. . . Fagg affirmed. [Read more…]
Appellate mediation, opt out for inability to afford
APPELLATE MEDIATION: Request to opt out because unable to afford mediator denied… order. [Read more…]
Subpoena, phone records to identify police report
SUBPOENA for all phone records of guardianship caregiver in attempt to identify alleged false police report properly quashed, attorney fees properly awarded caregiver… Manley affirmed (IOR I-3(c)). [Read more…]
Guardianship, child contact injunction
GUARDIANSHIP: Preliminary injunction properly granted restricting 2 children’s contact with incapacitated mother… recusal properly denied… Rule 11 sanctions properly imposed on attorney-child… Manley affirmed. [Read more…]
Guardianship/conservatorship, large, complex estate
GUARDIANSHIP/CONSERVATORSHIP: No standing by son to assert mother’s due process rights including private counsel, Judge within discretion to appoint OPD… opposing party not bound to notice requirements when son removed his counsel 2 days before trial… no abuse of discretion in appointing non-relative guardian… distrust among siblings justified 3 conservators including attorney without statutory priority… no abuse of discretion to preclude conservators acting in mother’s elected corporate roles… attorney/conservator properly awarded fees for administration of complex, multi-million-dollar estate, sanctions properly assessed against dissenting conservator for objecting to fees… attorney misconduct allegations not properly before MSC… Manley affirmed. [Read more…]