DEFAULT JUDGMENT against pro se home inspector with no hearing to establish damages solely because he was the only Defendant without resources to navigate the system and driving him to bankruptcy by liability that did not exist in first place miscarriage of justice… remanded to direct Plaintiff to reimburse for amounts recovered out of $270,809 judgment… appeal not mooted by bankruptcy discharge… McNeil reversed. [Read more…]
Return of seized property, “right to possession”
RETURN OF SEIZED PROPERTY: “Right to possession” of evidence must be established, burden is on person claiming property (not [Read more…]
Real estate, home defects, expert
REAL ESTATE: Summary judgment proper for Defendants on house defects claim based on expert’s lack of qualifications… McNeil affirmed (IOR I-3(d)(v)). [Read more…]
Seized property, interest in property
SEIZED PROPERTY: Hearing must be held as to interest in deer antlers and mounts introduced at trial, ownership not established by affirmation of sentence… Rice reversed. [Read more…]