11 results for 'casenum:"27"'.
J. Barrett finds the circuit court improperly found the romantic partner would be unjustly enriched. The homeowner added her partner's name to the deed of the house under the assumption the parties would be married. After the sale of the house, the partner claimed he was allowed to keep half of the net proceeds from the sale as a joint tenant. The owner made a gift to her partner when she placed his name on the deed. Though the owner regrets the decision, this is not a valid basis for setting aside a deed. Reversed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: May 1, 2024, Case #: CV-23-27, Categories: Civil Procedure, Property, Contract
J. Mize denies an inmate’s petition for writ of habeas corpus in his case including sexual battery, lewd or lascivious conduct and molestation. He argues he is being illegally detained after the trial court denied modifying defendant’s bond. The trial court properly found plausible cause to revoke the bond after the man committed a new crime in violation of his pretrial release.
Court: Florida Courts Of Appeal, Judge: Mize, Filed On: March 18, 2024, Case #: 6D24-27, Categories: Sentencing, Sex Offender
Per curiam, the court of appeals finds that the appellate division improperly dismissed counterclaims in which plaintiff, a New York City "hop-on, hop-off" bus tour, alleged tortious interference and anticompetitive behavior against other such services because the counterclaims adequately alleged other services conspired to impugn plaintiff's reputation to operators of common city attractions and by alleging exclusive relationships constituting nothing more than pretexts for exclusion. Reversed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: March 14, 2024, Case #: 27, Categories: Transportation, Unfair Competition
J. Weiler finds that the commissioner of internal revenue properly determined a couple's tax liability because federal civil service disability retirement payments should have been included in gross income.
Court: U.S. Tax Court, Judge: Weiler, Filed On: March 7, 2024, Case #: 2024-27, Categories: Tax
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. LeGrow finds that an orthopaedic practice did not establish standing to challenge the denial of workers' compensation because the insurer discontinued use of a billing code that allegedly violated state workers' compensation law. The trial court both improperly applied the mootness doctrine and held that the practice established injury due to the insurer's failure to correct 19 claim denials. However, declaratory judgment would not provide retrospective relief.
Court: Delaware Supreme Court, Judge: LeGrow, Filed On: January 8, 2024, Case #: 27, 2023, Categories: Civil Procedure, Insurance, Workers' Compensation
Per curiam, the appellate division finds that the appellate division properly upheld the agency ruling that a former police officer was not exempt from health benefits premium-sharing obligations because neither the officer's service nor his purchase of four years of military service credit would have qualified him for such. Affirmed.
Court: New Jersey Supreme Court, Judge: Per curiam, Filed On: December 14, 2023, Case #: A-27-22, Categories: Pensions
J. Wilson finds that defendant was improperly convicted of possessing a weapon without a valid license because counsel requested a jury instruction on temporary possession even though defendant admitted he kept the gun a year after his license expired. Instead, counsel should have raised the defense of voluntary surrender since defendant intended to turn the weapon in for cash under a police buy-back program. Reversed.
Court: New York Court Of Appeals, Judge: Wilson, Filed On: November 21, 2023, Case #: 27, Categories: Ineffective Assistance, Weapons, Jury Instructions
J. Weiler finds in favor of the commissioner in this collection due process action for a tax deficiency. The office of appeals did not abuse her discretion and the evidence supports the proposed levy.
Court: U.S. Tax Court, Judge: Weiler, Filed On: August 29, 2023, Case #: 2023-27, Categories: Tax, Due Process