ADOPTION: Attorney owed no duty to Plaintiffs as non-clients in adversarial interstate adoption… claims against DPHHS properly dismissed based on collateral estoppel as to Utah’s approval of adoption… Menahan affirmed. [Read more…]
Will challenge, new wife waived out of siblings’ agreement
WILL CHALLENGE: New wife waived right to challenge son’s and daughter’s agreement in mediation to admit father’s 2007 Will to probate rather than 2021 deathbed Will… Larson affirmed (memorandum). [Read more…]
Med-mal, dismissal for untimely service, prejudice
MEDICAL MALPRACTICE: Complaint correctly dismissed for untimely service but incorrectly dismissed with prejudice… Halligan reversed. [Read more…]
Receivership, $249,423.78 fees prior to disposition
RECEIVERSHIP: $249,423.79 fees properly awarded Receiver and his attorney prior to disposition of all claims in commercial property dispute… Larson affirmed (memorandum). [Read more…]
Unemployment insurance, insufficient service
UNEMPLOYMENT INSURANCE petition properly dismissed for insufficient service… Owen affirmed (memorandum). [Read more…]
Settlement agreement, repudiation by failure to perform
SETTLEMENT AGREEMENT: Probate agreement for disposition of land properly found to have been repudiated by heir who failed to perform… Lint affirmed (memorandum). [Read more…]
Defendant threatened suicide if had to be deposed again
SUPERVISORY CONTROL of Dayton to terminate deposition of deponent who threatened suicide if he had to endure a 3rd deposition denied… order. [Read more…]
Receivership, Receiver protected by judicial immunity
RECEIVERSHIP: Special Master correctly concluded that a court-appointed receiver is protected by judicial immunity, Master acted within his authority in determining that it was unnecessary for Receiver to require release or indemnification agreement to return disputed personal property, but Master exceeded his authority in determining that Receiver acted in good faith and within scope of his authority in obtaining & retaining the property… Special Master Kevin Jones affirmed, reversed. [Read more…]