MARITAL: 2008 50/50 stipulated parenting plan properly amended to give full custody of 15-year-old to his mother over his wishes to live with his father… Gilbert affirmed (memorandum). [Read more…]
Marital, 90-day residency, cure by “supplement”
MARITAL: 90-day residency defect in original petition cured by “supplement,” improperly dismissed for lack of jurisdiction… Eddy reversed (IOR I-3(c)). [Read more…]
Parenting, mother’s wish to relocate with child
PARENTING: 6-year-old’s best interests properly found to remain in Montana with father on primary basis if Mother chooses to move to Indiana… McMahon affirmed. [Read more…]
Parenting, 50/50 plan by Standing Master
PARENTING: 50/50 plan properly ordered by Standing Master for 7-year-old… Westveer/Olson affirmed. [Read more…]
Marital, Montana husband, Ukrainian wife
MARITAL: Maintenance properly awarded, property properly apportioned in divorce of Montana husband and Ukrainian wife… Cuffe affirmed (IOR I-3(c)). [Read more…]
Parenting, objections to Family Court Services
PARENTING: Objections to Family Court Services process waived by active participation/acquiescence… Ulbricht affirmed (IOR I-3(c)). [Read more…]
Contract, remediation/replacement of burned home
CONTRACT for remediation and replacement of home destroyed by fire was not for construction of new residence, statutory general contractor requirements did not apply as to void contract… $191,876 expectancy damages properly awarded to remediation/reconstruction “manager” for owner’s termination of contract… Manley affirmed. [Read more…]
Marital, same-sex couple common law spouses
MARITAL: Common law marriage properly found between same-sex couple with accompanying maintenance, child support, property division… part of Petitioner’s fees properly awarded despite no reasonableness hearing… Halligan affirmed. [Read more…]
Contract, bail bond business Sale Agreement
CONTRACT: Defendants’ exhibit of bail bond business Sales Agreement purported underwriting terms attachment properly rejected as rebuttal evidence since it was not offered to counter new evidence… Sales Agreement properly found unambiguous, judgment properly entered for Plaintiff… Oldenburg affirmed (IOR I-3(c)). [Read more…]
Aircraft sale agreement, backing out without inspection
AIRCRAFT SALE AGREEMENT: Judgment on pleadings for Seller properly granted based on Buyers backing out without conducting inspection… Seller’s motion to deem RFAs admitted properly denied because Buyers’ offer to extend discovery was conditioned on early settlement conference which never occurred, Seller properly sanctioned for misrepresenting otherwise… pre-judgment interest properly denied because amount of judgment was uncertain until sanction fees awarded despite stipulated damages (loss from subsequent sale)… Ulbricht affirmed. [Read more…]