MARITAL: Decree improperly entered without incorporating property settlement exhibit resulting in award of 100% of home to husband, wife’s motion to amend 2½ years later upon discovery of error improperly denied… fees improperly awarded to husband without consideration of resources… Todd reversed. [Read more…]
Marital, parenting plan, contempt, sanctions
MARITAL: Contempt by wife properly found for failure to abide by parenting plan imposed 10 years earlier… child’s wishes at 14, likely influenced by mother, only 1 factor in considering amendment… appeal of Rule 11 sanctions premature absent final judgment including amount of fees & costs… Spaulding affirmed. [Read more…]
Parental interest, nonparents
PARENTAL INTEREST: If nonparents can establish child-parent relationship Court will have jurisdiction to hear parenting plan petition even though mother’s rights not terminated… Spaulding reversed. [Read more…]
Contract for deed, election of remedies
CONTRACT FOR DEED: Seller who elected to terminate contract, retain money paid on purchase price, and repossess precluded by election of remedies from suing for unpaid taxes, damage to building, attorney fees, sale expenses, interest… Fagg affirmed. [Read more…]
Marital, attorney failure to value house
MARITAL: Lawyer’s failure to present evidence of value of house resulting in adoption of $22,423 tax notice amount merited 60(b) [Read more…]
DUI, parking lot strike of unoccupied vehicle
DUI: Particularized suspicion to investigate parking lot strike of unoccupied vehicle, failure to leave note, motion to suppress properly denied… H. Brown affirmed (IOR I-3(d)(v)). [Read more…]