3,707 results for 'casenum:"23"'.
J. Palafox finds a lower court erred in granting defendant’s motion to quash after he was charged with child sex offenses. Defendant argued that it violated his double jeopardy rights to be charged with both continuous sexual abuse of a child and lesser constituent offenses, but while this is true for sentencing, “no sentence has yet been imposed and no judgment has yet been entered,” and prosecutors can pursue both at trial. Reversed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: May 10, 2024, Case #: 08-23-00335-CR, Categories: Sex Offender, Double Jeopardy, Child Victims
J. Mansfield finds that the lower court should have held that a post-marital agreement in which the wife relinquished a share of the husband's property investments was not enforceable following his death because the Iowa code section that allows marital parties to revoke prenuptial agreements does not allow parties to make new agreements while they remain married. Reversed.
Court: Iowa Supreme Court, Judge: Mansfield, Filed On: May 10, 2024, Case #: 23-1131, Categories: Family Law
J. McDonald finds that an employee was improperly denied second injury fund benefits in workers' compensation claims brought after she injured her lower right leg while working for Nordstrom. The employee, who had suffered a lower leg injury 33 years before, required knee surgery for the recent injury, and the resultant lymphedema in her lower right leg and foot constituted an injury to her body as a whole. Reversed in part.
Court: Iowa Supreme Court, Judge: McDonald, Filed On: May 10, 2024, Case #: 23-0182, Categories: Workers' Compensation
Per curiam, the Vermont Supreme Court finds that the post-conviction court properly dismissed defendant’s previous claims of ineffective assistance on grounds that the victim was not cross-examined regarding the number of stab wounds to her abdomen. The plea agreement did not restrict the state from presenting additional facts. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-238, Categories: Evidence, Ineffective Assistance, Sentencing
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J. Lambert finds the trial court made a reversible error when it granted the husband's lawyer's motion to withdraw on the morning of trial in the dissolution of the husband and wife's marriage and denied the husband's request for a continuance of the trial. It violated the husband's right to due process to allow his lawyer to withdraw on around 20 hours' notice immediately before his trial was set to start. The portion of the court's judgment dissolving the marriage is affirmed, but the matter is otherwise reversed and remanded for a new trial. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: May 10, 2024, Case #: 23-0748, Categories: Family Law, Due Process
Per curiam, the circuit finds that the district court properly dismissed claims in which Emelike Nwosuocha contends the copyright for his online song "Made in America" had been infringed by the parties who put out the song "This Is America," which won two Grammy Awards for Donald Glover in 2019, as the sound recording of Nwosuocha's song had not been registered for a copyright for the musical work, and claims that this had been a mistake lacked merit. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-703, Categories: Copyright
J. Sullivan finds that the district court properly dismissed disability discrimination claims brought after a student who has "Asperger's Syndrome" was told to stay away from three classmates following an incident during freshman orientation. Precedent holds that emotional damages are not available under the disabilities act, and the claims could not be reframed as economic absent a contract breach. Meanwhile, the request for declaratory and injunctive relief was moot because the student had graduated. Affirmed.
Court: 2nd Circuit, Judge: Sullivan, Filed On: May 10, 2024, Case #: 23-1217, Categories: Civil Procedure, Ada / Rehabilitation Act, Education
Per curiam, the Vermont Supreme Court finds the trial court properly convicted the defendant of aggravated assault with a deadly weapon after a jury trial. The defendant appeals the conviction alleging the state failed to give proper jury instruction to prove beyond a reasonable doubt he acted with the requisite intent. The evidence was sufficient to show the jury that the defendant did commit the crime on purpose and knowingly cause injury. Therefore, there was no error found in the jury instructions. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-339, Categories: Assault, Weapons, Jury Instructions
J. Reiber grants the state’s motion to dismiss this case stemming from the adjudication of a child as a child in need of care or supervision. The family division’s jurisdiction was terminated when the child was returned to the parents without any conditions or supervision. Dismissed as moot.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: May 10, 2024, Case #: 23-AP-332, Categories: Family Law, Jurisdiction
J. Eaton finds the trial court properly granted summary judgment to a power company and construction company based on the 20-year statute of repose in this wrongful death and negligence lawsuit filed by the decedent’s estate. The estate alleges the construction company installed the asbestos and the decedent was exposed through her husband, who worked with the power company that caused the decedent’s mesothelioma and death from the asbestos exposure. The upheld the repose finding the last injury occurrence fell outside the period in relation to the Vermont Constitution. Affirmed.
Court: Vermont Supreme Court, Judge: Eaton, Filed On: May 10, 2024, Case #: 23-AP-217, Categories: Constitution, Negligence, Wrongful Death
J. Bland finds that the court of appeals improperly dismissed the property manager’s appeal of the trial court’s decision ordering it to convey its property to the maritime refueling services facility according to a purchase option in the parties’ contract. The trial court’s order amounted to a temporary injunction, which the manager had the right to appeal.
Court: Texas Supreme Court, Judge: Bland, Filed On: May 10, 2024, Case #: 23-0078, Categories: Civil Procedure, Property, Enforcement Of Judgments
J. Lehrmann finds that the court of appeals improperly ruled in favor of a property owner who claims the insurance company improperly denied coverage for hail and windstorm damage to his beachfront condo. The court of appeals found that the trial judge lacked jurisdiction over the case because she was not appointed by the Judicial Panel on Multidistrict Litigation. While the requirement that a judge must be appointed by the panel to hear litigation such as this is mandatory, it is not jurisdictional. The trial court did not lack jurisdiction because the judge was not appointed and the legislature did not have such an intent in crafting this area of the insurance code. Reversed.
Court: Texas Supreme Court, Judge: Lehrmann, Filed On: May 10, 2024, Case #: 23-0447, Categories: Civil Procedure, Insurance, Jurisdiction
Per curiam, the Vermont Supreme Court finds the trial court properly convicted the defendant of domestic assault after he threw items at his wife and grabbed her by the arm and neck. The state introduced evidence of prior bad acts stemming back years ago and the daughter’s call to 911 during the incident. The state met the burden of evidence because it was relevant and admissible to explain the nature of the defendant’s behavior toward his wife. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-289, Categories: Evidence, Sentencing, Domestic Violence
Per curiam, the Vermont Supreme Court finds the trial court properly granted summary judgment and writ of possession of the decedent’s home in favor of his estate stemming from a resident financially exploiting a vulnerable adult by stealing from the estate’s decedent after he was diagnosed with cancer. The decedent met the resident when he was a teenager needing a mentor, when the decedent became sick the resident moved into his home. The resident alleges he was a tenant and had the right to possession because he had the right to purchase the home, but the probate court invalidated that portion of the decedent’s will. The material facts are undisputed that the decedent was a vulnerable adult, and the estate had the standing to pursue the proceedings and to regain the possession of the home. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-212, Categories: Settlements, Negligence, Civil Extortion
Per curiam, the Vermont Supreme Court finds the lower court improperly granted sole custody to a mother of her three children in this dissolution of marriage filed by the father. The father alleges the lower court found that the children had been left hungry on multiple occasions in the mother’s care after she interfered with the father’s parent-child contact by taking them to Illinois. Therefore, this case is remanded because the court’s findings do not support the conclusions and the father is a capable caregiver with a strong bond with his children. Reversed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-352, Categories: Family Law
Per curiam, the Vermont Supreme Court finds the trial court properly ordered a neighbor to stay away from the property owner at all times and to stay 50 feet away from the boundary line between the parties’ properties. The neighbor alleges that her due process rights were violated because of insufficient evidence for the property owner’s claims of stalking and being threatened. The court’s findings were supported by the evidence and the neighbor’s claims do not provide a strong basis to reverse. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-359, Categories: Negligence, Emotional Distress, Due Process
Per curiam, the Vermont Supreme Court finds the trial court properly terminated the parental rights to a father. The father argues the state failed to show or prove that he was served a notice of the hearing and that decisions regarding the parent-child contact to the family services department was wrongfully delegated. The notice of hearing was delivered to the last known address of the father, and it was his responsibility to change his address. He lacked an engagement with the children, as evidence by his failure to show up to visitations offered by video or in-person. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-405, Categories: Family Law
Per curiam, the Vermont Supreme Court finds the trial court erred in granting summary judgment to the state based on the 1812 survey in this appeal brought by a group of citizens involving a dispute concerning the width of a portion of U.S. Route 2 in Richmond, Vermont. The court relied on a survey conducted by the state transportation agency indicating the right of way was four rods wide, the citizens challenge the reliability of that survey and clerical errors. Therefore, the trial court must resolve the question if one of the citizens were properly provided notice for the agency’s motion for summary judgment and correct a typographical clerical error in the decision. Reversed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-249, Categories: Government, Transportation
J. Cassel finds the county court properly found the inheritance taxes were correctly paid by the trust. The decedent's girlfriend was bequeathed a house and his children sued, contesting the trust paid their $710 in taxes, as well as the girlfriend's $94,627. The trust’s language provided clear direction that inheritance taxes be paid by the trust, rather than by the individual beneficiaries. Affirmed.
Court: Nebraska Supreme Court, Judge: Cassel , Filed On: May 10, 2024, Case #: S-23-472, Categories: Tax, Trusts, Wills / Probate
J. Quinn finds that the lower court improperly awarded certain damages in this dispute involving a well drilling business and two former employees. The court concludes that the $1.53 million award for lost profits was in error, as it was not sufficiently supported by the evidence. The finding of $1.1 million in damages to the parent corporation was supported by the evidence, however. Reversed in part.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: May 9, 2024, Case #: 07-23-00378-CV, Categories: Employment, Damages, Fiduciary Duty
J. Guerra finds that the trial court properly declined to dismiss a former contestant's request for sanctions against the production company for Netflix's "Love is Blind." A motion for sanctions is not a "legal action" pursuant to the Texas Citizens Participation Act, so the trial court did not err in denying the TCPA motion to dismiss. Affirmed.
Court: Texas Courts of Appeals, Judge: Guerra, Filed On: May 9, 2024, Case #: 01-23-00443-CV, Categories: Sanctions
J. Farris finds that the trial court must vacate its order setting aside the jury verdict and granting a new trial in divorce proceedings. The order did not provide the litigants with a reasonable and specific explanation for setting aside the verdict. However, because the basis of the trial court's order setting aside the verdict is unclear at this point, the ex-wife is not entitled to her request to direct the trial court to enter a judgment on the jury's findings.
Court: Texas Courts of Appeals, Judge: Farris, Filed On: May 9, 2024, Case #: 01-23-00309-CV, Categories: Family Law
J. Guerra finds that the trial court properly granted an amended temporary injunction in an action over the alleged violation of a non-compete agreement. The injunction, which forbids the nurse practitioner from working as a nurse practitioner in a medical environment within a 20-mile radius of the business that she sold. There is sufficient evidence that the nurse practitioner has caused irreparable harm by working within one mile of her former business and diverting her patients to her new practice. Affirmed.
Court: Texas Courts of Appeals, Judge: Guerra, Filed On: May 9, 2024, Case #: 01-23-00482-CV, Categories: Contract, Injunction
J. Landau finds that the trial court properly admitted extraneous offense evidence during the guilt phase of defendant's murder trial. Evidence that defendant assaulted the murder victim's teenage son a few months before the murder had significant probative value that was not outweighed by the risk of unfair prejudice to defendant. Affirmed.
Court: Texas Courts of Appeals, Judge: Landau, Filed On: May 9, 2024, Case #: 01-23-00173-CR, Categories: Evidence, Murder, Sentencing
J. Pritzker finds that the lower court properly distributed marital property in a divorce action by equally dividing sale proceeds of the family home. The wife contends she did not receive credits for a money gift from her mother in the down payment, or from her own investment of personal-injury proceeds in home improvements, but she failed to sufficiently delineate which money in the bank account that she claimed to be separate property. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: May 9, 2024, Case #: CV-23-0173, Categories: Family Law
J. Thapar finds the trial court properly denied defendant's motion to suppress evidence obtained from a search of his home despite errors on the warrant application. Although the address and tax identification information were incorrect, the application included a detailed description of the property, including the exterior colors and information about a red star attached to the home, that indisputably identified defendant's home as the property to be searched. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: May 9, 2024, Case #: 23-1585, Categories: Drug Offender, Search