SUPERVISORY CONTROL as to contempt sanctions declined for failure to serve parties… Order. [Read more…]
Easement, implied by preexisting use, Legion park access
EASEMENT: Legion post properly found to have implied easement by preexisting use to access park dedicated in 1944 “for returning servicemen and the public” against challenge by surrounding ranch… fees improperly awarded without reasonableness hearing… Cybulski affirmed, reversed. [Read more…]
Banking, brothers’ joint account
BANKING: Estate’s claims against brother of improper withdrawals from joint mineral trust account properly dismissed on summary judgment including loan signatory/ratification and numerous statute of limitations issues… Rule 11 sanctions properly imposed… Bidegaray affirmed (IOR I-3(c)). [Read more…]
Trust, trustees removal
TRUST: Petition to remove trustees of family farm trust properly rejected… Cybulski affirmed (IOR I-3(d)). [Read more…]
Fraudulent transfer, un-filed homestead “asset”
FRAUDULENT TRANSFER: Homestead not “asset” under UFTA, not necessary to file declaration to be exempt from UFTA… residence properly established, qualified as homestead… Irigoin affirmed. [Read more…]