ESTATE PROPERTY/TRUST claims properly resolved in favor of Defendants on summary judgment and bench trial except attorney fees improperly awarded without reasonableness hearing… Allison affirmed, reversed (memorandum). [Read more…]
Marital, equalization payment, failure to refinance home
MARITAL: Equalization payment properly awarded wife in accordance with prior decree after husband was unable to refinance home, wife failed to exercise purchase option, and it sold for less than valued in the decree… Allison affirmed. [Read more…]
Marital, 4-year decree delay, depleted estate
MARITAL: 4-year delay in issuing decree when estate was well-depleted was abuse of discretion, but final decree including money judgment to wife equitably divided the assets & debts with 2 exceptions… Ortley affirmed, reversed (IOR I-3(c)). [Read more…]
Sex discrimination, “neighbors with benefits”
SEX DISCRIMINATION IN HOUSING: No evidence of illegal discrimination or retaliation by termination of month-to-month lease after years of “neighbors with benefits” relationship soured… David Scrimm. [Read more…]
Marital, assignment of structured tort settlement
MARITAL: Wife’s due process rights not violated by show cause hearing in her absence (she was out of state) where her lawyer was present and her current husband testified for her… property settlement agreement correctly interpreted that husband’s share of a structured tort settlement which he assigned to wife should be terminated following daughter’s graduation, but 5 years of payments while daughter not in school improperly ordered reimbursed as husband did not request monetary relief in motion… Eddy affirmed, reversed (IOR I-3(c)). [Read more…]
Marital, assignment of structured tort settlement
MARITAL: Wife’s due process rights not violated by show cause hearing in her absence (she was out of state) where her lawyer was present and her current husband testified for her… property settlement agreement correctly interpreted that husband’s share of a structured tort settlement which he assigned to wife should be terminated following daughter’s graduation, but 5 years of payments while daughter not in school improperly ordered reimbursed as husband did not request monetary relief in motion… Eddy affirmed, reversed (IOR I-3(c)). [Read more…]
Marital, gifted life policy, real estate/farm
MARITAL: Gifted policy on wife’s parents’ lives properly allocated to wife at present value, not face value… real estate and farm gifted to husband properly valued and allocated… Ortley affirmed (IOR I-3(c)). [Read more…]
Marital, equalization correction deadline
MARITAL: Property/support rulings affirmed, reversed… 45-day deadline for correcting equalization payment to bring proceedings to swift conclusion after indefensible 29-month delay… Ortley affirmed, reversed (IOR I-3(d)). [Read more…]
Marital, settlement conference waiver
MARITAL: Waiver of Rule 16(a) conference on wife’s motion before husband had chance to respond within Judge’s discretion… no right to continuance after non-attorney withdrew shortly before trial… estate generally properly apportioned, but 2-year delay in issuing decree resulted in inequitable division of 401(k), 5 acres purchased with disabled son’s SS but held in parties’ names should be distributed… maintenance, fees properly awarded to wife… husband properly sanctioned for removal of 4-wheeler in violation of ERO… appeal sanctions denied… Ortley affirmed, reversed (IOR I-3(d)). [Read more…]
Marital, personal property valuation
MARITAL: Personal property properly valued at present market value… Allison affirmed (IOR I-3(d)). [Read more…]