STIPULATED JUDGMENT: $440,000, apartment complex mold. [Read more…]
Probate, family land sale, written/oral contract
PROBATE: Sufficient writings to find existence of written contract for parents to sell 5 out of 96 acres to grandson, or part satisfaction of oral agreement constituted exception to Statute of Frauds… $18,474.32 damages judgment after 5 acres sold to bona fide purchaser properly entered against 3 daughters in distribution of entire 96 acres to 5 daughters, but should have included all 5… Manley affirmed, reversed. [Read more…]
Adoption, step-mother, self-claimed IAC
ADOPTION of children properly granted to stepmother over objections of mother and appointed counsel’s self-claimed incompetence… Wheelis affirmed. [Read more…]
Supervisory control, disputed jury v. bench trial
SUPERVISORY CONTROL of Manley denied in parties’ dispute over jury v. bench trial… order. [Read more…]
Will, testamentary capacity, disinherited daughters
WILL: Testamentary capacity of mother who disinherited daughters supported by substantial evidence under proper test… Townsend affirmed. [Read more…]
Adoption, right to counsel for indigent parents
ADOPTION: Right to counsel extended to indigent parents in adoption proceedings based on equal protection vis-à-vis State termination proceedings… Wheelis reversed. [Read more…]
Discovery, spoliation, computer information
DISCOVERY: Default judgment on liability, expenses for non-compliance with order, preliminary injunction against competitors for intentional spoliation of computer information, discovery abuses in Internet freight brokerage suit… Haynes. [Read more…]
Attorney disqualification, divorce
ATTORNEY DISQUALIFICATION: Husband’s attorney not disqualified by wife’s calls 3 years earlier seeking divorce advice… psychological victimization claim not minimized, but RPC 1.20 requires lawyer receive “significantly harmful” “information”… no implied relationship by prospective [Read more…]
Marital, challenge of admitted findings
MARITAL: Husband’s attempt to contest findings with which he agreed including Clerk’s failure to enter economic restraining order rejected… Larson affirmed (IOR I-3(d)). [Read more…]
Insurance, anxiety over tax liability
INSURANCE: No duty to defend claim of anxiety over tax liability… Molloy affirmed (unpublished). [Read more…]