SUPERVISORY CONTROL of Snipes Ruiz for failing to recognize unsworn declaration filed with disqualification motion denied… Order. [Read more…]
Land transfer, father-son quiet title dispute
LAND TRANSFER: Quiet title properly granted to son against father and granting possession… additional findings required as to the amount of claimed contract damages and competing unjust enrichment claims…. Berger affirmed, reversed (memorandum). [Read more…]
TOP/parenting plan venue, convoluted statutory scheme
TOP/PARENTING PLAN VENUE: BSB Justice Court properly removed mother’s TOP case to Gallatin District Court after father filed parenting action in Gallatin… District Court’s TOP order affirmed… Bowen/Ohman affirmed. [Read more…]
Disability discrimination, service dog barred from store
DISABILITY DISCRIMINATION: Claims stemming from refusal to allow service dog into store properly rejected… Johnston affirmed (memorandum). [Read more…]
Misrepresentation exemption from bankruptcy discharge
BANKRUPTCY: $88,348.61 exception from discharge proper for false representations to lender… Morris affirmed (memorandum). [Read more…]
Malicious prosecution, Medicaid fraud acquittal
MALICIOUS PROSECUTION and related claims stemming from Medicaid fraud acquittal properly dismissed for failure to state claim and on summary judgment… Sherlock affirmed (IOR I-3(d)). [Read more…]
Guardianship, grandparents, child removal
GUARDIANSHIP: Grandfather’s guardianship properly terminated based on best interests of child rather than parent-child termination guidelines, due process not violated by exclusion from pre-termination hearings… determination of issues in show-cause hearing may go beyond 20-day [Read more…]
Independent contractors v. employees
4 of 5 transmission mechanics were independent contractors during audit period (1 was employee as part of voc-rehab training), ICCU erred in finding all employees… Shea. [Read more…]
Judge substitution, intermediate weekends
JUDGE SUBSTITUTION: Weekends improperly not considered in denying motion for substitution as untimely… supervisory control of Tucker granted… order. [Read more…]