MARITAL: 4-year delay in issuing decree when estate was well-depleted was abuse of discretion, but final decree including money judgment to wife equitably divided the assets & debts with 2 exceptions… Ortley affirmed, reversed (IOR I-3(c)). [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…]
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, misconduct, valuations, fees
MARITAL: Challenges re misconduct, valuations, “lost” firearms, support for soon-to-be emancipated child, fees, verbatim adoption of findings, pre-acquired/inherited property rejected… Lympus affirmed (IOR I-3(d)). [Read more…]
Foreclosure, deficiency, valuation hearing
FORECLOSURE: Hearing not required as matter of law to value property to determine deficiency, but properly held as matter of equity… standard for determining market value elucidated… evidentiary errors as to appraisals require remand of finding of 0 deficiency over requested $745,366… Lympus affirmed, reversed. [Read more…]
Insurance, $12 million confessed judgment
INSURANCE: Insurer entitled to contest reasonableness of $12 million confessed judgment in house construction dispute… final judgment reversed… Ortley reversed. [Read more…]
Marital, parenting, property, contempt, fees
MARITAL: Parenting plan, property, contempt/fees, witness exclusion… Wheelis affirmed (IOR I-3(d)). [Read more…]
Procedure, reconsideration of dismissal
PROCEDURE: No “motion for reconsideration,” but sufficient basis articulated for reconsideration of dismissal under Rule 60(b)(6)… Christopher reversed… order. [Read more…]
Marital, property, debts, parenting
MARITAL: Property/debts properly allocated, parenting plan properly adopted… Curtis affirmed (IOR I-3(d)(v)). [Read more…]
Wrongful death, birthday party shooting, landlord
WRONGFUL DEATH: Birthday party shooting death claims against landlord and his company rejected… contribution preemption not basis for forcing defense of claims with no [Read more…]