PARENTING: Amended plan properly adopted over objections from wife to limitations on Lemurian Mystery School practice… Marks affirmed (memorandum). [Read more…]
Marital, use of Rule 60(b) as substitute for appeal
MARITAL: Wife inappropriately used Rule 60(b)(6) as substitute for appeal, failed to establish that she was blameless… Berger affirmed. [Read more…]
Legal malpractice, divorce proceeding, no appeal
LEGAL MALPRACTICE: Summary judgment for attorneys improperly granted as claim of negligence was not based solely on failure to appeal underlying divorce decision but encompassed numerous allegations of pre-appeal conduct… Larson reversed. [Read more…]
Parenting, insufficient evidence of sex abuse risk
PARENTING: No clear error in finding insufficient evidence that husband posed a sex abuse risk to minor daughter and in reinstating unsupervised parenting time… No plain error in presiding over the show cause hearing via Zoom when Judge was too ill to travel… Abbott affirmed. [Read more…]
Marital, no contempt for not relinquishing cat
MARITAL: Husband properly not held in contempt for not relinquishing cat to wife years after the MPSA deadline… Ulbricht affirmed (memorandum). [Read more…]
Marital, contempt, farm partnership
MARITAL: Husband properly held in contempt, decree involving distribution of farm partnership interest properly modified… Ruiz affirmed. [Read more…]
Marital, additional house appraisal
MARITAL: Additional house appraisal properly ordered even if it constituted a modification of the PSA… Parker affirmed (memorandum). [Read more…]
Common law marriage properly not found
COMMON LAW MARRIAGE properly not found… Allison affirmed (memorandum). [Read more…]
Marital, property of domestic partners
MARITAL: Property of domestic partners properly distributed… Marks affirmed (memorandum). [Read more…]
Guardianship/conservatorship, equity, attorney fees
GUARDIANSHIP/CONSERVATORSHIP: Judge sitting in equity had authority to order reimbursements rather than require an audit… attorney fees properly denied for defense of guardian/conservator but should be awarded for services pertaining to administration of Estate… Allison affirmed, reversed (memorandum). [Read more…]