CONTRACT: Judge incorrectly found that no contract existed contrary to assertions of both parties… Harris reversed (IOR I-3(c)). [Read more…]
Attorney withdrawal, opposing counsel notice
ATTORNEY WITHDRAWAL: No error in proceeding with divorce trial without requiring husband’s lawyer to provide §37-61-405/Rule 10 notice where wife’s conduct required her attorney’s withdrawal… Harris affirmed (IOR I-3(c)). [Read more…]
Defense verdict, intersection ambulance/auto
VERDICT: Defense, intersection ambulance/auto, fractured hip. [Read more…]
Sheriff/CA immunity, easement dispute citation
SHERIFF/COUNTY ATTORNEY IMMUNITY improperly denied for trespass citation to person claiming secondary easement to access irrigation headgate (citation subsequently dismissed, easement subsequently established in State Court)… Ostby reversed (unpublished). [Read more…]
Marital, wife’s inheritances
MARITAL: Wife’s inheritances during final 2 years of marriage properly credited to her against value of the home… Moses affirmed (IOR I-3(c)). [Read more…]
Marital, premarital inherited/gifted business
MARITAL: Pre-marital family business properly valued and apportioned, maintenance/fees properly awarded to wife… Todd affirmed (IOR I-3(c)). [Read more…]
Quiet title, default, service by publication
QUIET TITLE properly granted via default judgment over claim of fraudulent service by publication… Moses affirmed (IOR I-3(c)). [Read more…]
Information, filing delay, untimely objection
TAX DEED void for failure to give notice of application to mortgage company listed on Sched. B but only incorporated by reference to numbered exceptions on Sched. C of title guarantee even though notice given to owner… deed recipient concedes notice error, [Read more…]
Verdict, not guilty vehicular homicide, guilty DUI
VERDICT: Not guilty of vehicular homicide, guilty of DUI, rolled vehicle with boyfriend in topper unbeknownst to Defendant. [Read more…]
UTP-CPA, realtor, attorney fees, verdict
UTP-CPA house defect claims against broker not frivolous, fees properly denied following defense verdict for broker ($80,000 [Read more…]