MARITAL: Final parenting plan properly ordered but attorney fees improperly awarded Husband without reasonableness hearing… Cybulski affirmed, reversed (memorandum). [Read more…]
Marital, child support during incarceration, frivolous
MARITAL: Suspension of child support while incarcerated not supported under clear precedent, fees awarded for frivolous appeal… Gilbert affirmed (memorandum). [Read more…]
Parental rights, Adoption Act, appointed counsel
PARENTAL RIGHTS: Supervisory control of Gilbert denied as to determination that Mother is not entitled to appointed counsel in Adoption Act termination because she does not meet financial eligibility requirements pursuant to OPD’s indigency determination method which included partner’s income and assets… order. [Read more…]
Probate, divorce succession contract jurisdiction
PROBATE: Probate Court lacks jurisdiction to adjudicate rights under a divorce succession contract but Petitioners have civil contract claim against PR… breach of settlement agreement by bequeathing ranch in contravention of separation agreement would be fraud by decedent, not fraud upon the Court… Spaulding affirmed. [Read more…]
Public access, county road/bridge to river
PUBLIC ACCESS: Public road right-of-way established by prescription includes land necessary for maintenance, safe/convenient use, not just part traveled, separate secondary easement not applicable to determine width… [Read more…]
Dram shop, failure to give timely mail notice
DRAM SHOP claims rejected for failure to give timely mail notice… alleged oral notice to former bar president, acknowledgment by him, insufficient, statutory notice not useless act… no estoppel/waiver by former president’s alleged encouragement to sue bar… Salvagni. [Read more…]