EASEMENT/ATTORNEY FEES: No error in sua sponte ordering easement claimants to survey metes & bounds in 1987 easement grant to clarify location of easement in relation to post-judgment dispute, but error to not clarify the 2016 judgment and easement on motion for clarification in accordance with law of the case established in first appeal and error to rescind 2016 fee award because 1987 easement and related 2016 judgment determined to be “useless” and deny fees incurred in defending 2016 judgment in first appeal as “necessary & proper” declaratory relief… no fees for this appeal of motion to enforce declaratory judgment… Cybulski affirmed, reversed. [Read more…]
Defense verdict, dispute over $440,000 earnest money
VERDICT: Defense, dispute over $440,000 earnest money following ranch sale failure. [Read more…]
Computer cooling unit failure, $1.5 million damage
COMPUTER COOLING UNIT FAILURE: Negligence/contract claims against general contractor relating to failure of cooling unit at State data center resulting in $1.5 million damage rejected on summary judgment . . . Reynolds. [Read more…]
Bifurcation, liability/damages, shoreline damages
BIFURCATION: Liability and damages as to lake dam operation properly considered by separate juries… supervisory control of Curtis denied… order. [Read more…]
Order of protection, sua sponte amendment, fees
ORDER OF PROTECTION/EASEMENT: Order of protection improperly amended sua sponte without notice… amendment of injunction complaint to add new easement theories and property owner as Defendant properly denied, summary judgment properly granted based on original complaint… equitable attorney fees properly awarded Plaintiffs… Wheelis affirmed, reversed. [Read more…]
Amendment, untimely motion to add punitives
AMENDMENT: Untimely motion to add punitives component fails Rule 16(b)(4) good cause… Molloy. [Read more…]