PROBATE/JUDICIAL DISQUALIFICATION: Ruling on Petition for Order to Recover Assets properly made based on pleadings & documentation without a hearing… unfounded “suggestions” of bias by Judge properly found frivolous warranting monetary sanctions against Co-PR and his attorney and removal of Co-PR… fees/costs also awarded for frivolous appeal which perpetuated baseless allegations against Judge… Pinski affirmed. [Read more…]
Probate, law of case, funds in checking account
PROBATE: 2002 order to place accounts or their values at time of father’s death in 1994 rather than values at time of mother’s death in 2007 into trust constituted law of case… PR properly placed estate funds in checking account ready for distribution rather than higher-interest account for 3 years that objectors drew out the litigation… Huss/Hayworth affirmed (IOR I-3(c)). [Read more…]
Subdivision, 17,240 acres in 40-acre parcels
SUBDIVISION: Unrecorded 1974 photos marked into 40-acre parcels insufficient to constitute subdivision… agreement to sell 17,240 acres in 40-acre parcels as buyer secures contracts did not create segregated parcels… Clerk & Recorder not equitably estopped from refusing to file deeds… Hayworth affirmed (IOR I-3(c)). [Read more…]
Trust, claim/issue preclusion, judicial estoppel
TRUST: All but 2 ranch trust claims properly disposed of by claim preclusion, judicial estoppel, issue preclusion, statute of limitations… Day affirmed, Cybulski affirmed, reversed. [Read more…]
Probate, constructive trust, intent
PROBATE: Constructive trust properly imposed, insurance properly ordered returned, to effect father’s intent that money be used to support widow then children equally… son unjustly enriched by retaining accounts held jointly with father… Hegel affirmed (IOR I-3(d)). [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…]
VERDICT: Defense, triples semi rollover, injured co-driver, fractured ribs/soft-tissue neck/hematoma.
VERDICT: Defense, triples semi rollover, injured co-driver, fractured ribs/soft-tissue neck/hematoma.
A Billings jury found that FedEx Ground was not negligent in connection with injuries sustained by David Long in a semi rollover 5/11/07.
Mootness, ousted tribal president
MOOTNESS: Suit against BIA by ousted tribal president mooted by intervening election… Cebull affirmed (unpublished). [Read more…]
Real estate sale, “email contract” enforcement
REAL ESTATE SALE: Contract to sell ranch not established by emails between buyer and seller’s agent, no mutual consent, unsettled elements, no written words of consent/authority by agent, no partial performance by sale of tax-free exchange property, no grounds for equitable [Read more…]
Negligence, defense verdict, high-speed pursuit
NEGLIGENCE/JURY: Challenge of taxpayers on jury in trial against County rejected… venue change based on jurors’ status as taxpayers properly denied… voir dire properly restricted as to insurance… landowner concerned about source of award properly not excused for cause… JNOV/new trial properly denied in verdict for County in [Read more…]