DUI: Texas DUIs sufficiently similar to Montana law to constitute prior convictions… Wheelis affirmed. [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…]
Marital, decree/separate judgment satisfaction
MARITAL: Property properly awarded to wife to satisfy 2007 decree and separate 2012 judgment over claim of improper modification of decree… Wheelis affirmed (IOR 3(d)). [Read more…]
Marital, custody, maintenance
MARITAL: Wife properly awarded custody, lifetime maintenance… Wheelis affirmed (IOR I-3(d)(v)). [Read more…]
Sentencing, sex evaluation/PSI recommendations
SENTENCING: 7 years MSP properly imposed over sex offender evaluation recommendation of 3 years deferred, PSI [Read more…]
Property, boundary, prescriptive easement
PROPERTY: Prescriptive easement but no adverse possession over part of claimed boundary land… Prezeau affirmed (IOR I-3(d)(v)). [Read more…]
Marital, common law marriage
MARITAL: Common law marriage correctly found… Prezeau affirmed (IOR I-3(d)(v)). [Read more…]
Discrimination, Hispanic teacher termination
DISCRIMINATION: No prima facie disparate treatment of terminated Hispanic teacher… Curtis. [Read more…]