11 results for 'cat:"Family Law" AND cat:"Fraud"'.
J. Elgo finds the trial court properly granted the husband's motion for summary judgment on fraud and unjust enrichment claims. The wife's admission she knew her two children were not the husband's biological children was sufficient to prove the transfer of more than $187 million from the husband was coerced under false pretenses. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: May 10, 2024, Case #: AC45745, Categories: Evidence, family Law, fraud
J. Johnson finds the trial court properly dismissed the ex-husband's petition for annulment of the marriage. After the ex-wife filed for divorce, the husband sought annulment on the grounds the wife had used fraud, duress or force to induce him to marry her. Though the couple had married in Texas, and moved between Texas and Montana during the marriage, the Montana court concluded “[t]he marriage is irretrievably broken," and ordered the dissolution, with the Montana Supreme Court affirming. The record shows that when the husband filed his Texas petition for annulment, the marriage had already been dissolved. He did not meet his burden to prove his marriage was never valid. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: April 11, 2024, Case #: 09-23-00285-CV, Categories: Evidence, family Law, fraud
J. Alley finds a lower court partially erred in determining damages in a divorce case in which an expert for the ex-wife testified about alleged financial fraud committed by her ex-husband. While the ex-husband did not ultimately overcome the fraud claims in general, the lower court erred in including awards based on financial transactions which were ultimately accounted for — and which even the expert ultimately determined were not fraudulent. Reversed in part and remanded.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: January 30, 2024, Case #: 08-23-00016-CV, Categories: family Law, fraud, Damages
J. Clark finds the trial court violated the husband's due process rights when it failed to conduct a full hearing after it granted the wife's motion to reopen the parties' dissolution agreement because of issues regarding a disability insurance policy. The husband was the only witness who could provide evidence to contradict the wife's claim she was entitled to a portion of the insurance benefits, and because the court refused to allow either party to question the husband, it lacked the authority to issue its eventual restructuring of monetary obligations. Reversed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: January 5, 2024, Case #: AC45315, Categories: family Law, fraud, Due Process
Per curiam, the appellate division finds that the trial court properly dismissed claims contending a divorce settlement agreement fraudulently underrepresented the number of gold ingots purchased during the marriage because receipts demonstrate the parties jointly purchased the ingots and that the wife had access to all financial records during the marriage. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 22, 2023, Case #: CA 23-00094, Categories: family Law, fraud, Settlements
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J. Darby finds the court of civil appeals improperly upheld the district court's decision to dismiss the putative father's petition to establish paternity. Though the mother says he did not timely commence the petition, the record fails to show when their relationship took place or concluded, or when he learned of the pregnancy or birth. The record also does not address when he came to believe the mother committed fraud by naming another man as the father on the acknowledgment of paternity. Vacated.
Court: Oklahoma Supreme Court, Judge: Darby , Filed On: November 14, 2023, Case #: 118267, Categories: family Law, fraud, Due Process
J. Africk denies requests by investors, developers, and other indemnitors to dismiss for lack of jurisdiction claims for collateral by an insurance bonding company, arising from a general contractor’s default on two state bridge construction contracts. One Louisiana-based indemnitor argued unpersuasively that a family court at Baton Rouge has “exclusive jurisdiction” over the insurer’s intervention to block a separation of community property by the business owner and his wife — after 20 years of marriage — as an attempt to defraud the insurer of its rights under the bridge-building indemnity agreement. The insurer’s request for a preliminary injunction does not ask the federal court to determine whether the former couple’s partition of assets in family court constitutes bad faith or fraud. Rather, the insurer seeks a judgment for collateral related to the $18.5 million dispute over the bridge-building indemnity agreement signed by the husband.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: August 9, 2023, Case #: 2:23cv1723, NOS: Other Contract - Contract, Categories: family Law, fraud, Indemnification
J. Molberg finds that the lower court properly granted summary judgment to an attorney and her law firm on the tort and quasi-contract claims against them. The claims stem from the attorney's prior appointment as an amicus attorney for the children in a family law proceeding. The parents subsequently alleged that the attorney engaged in fraud and overbilling. On appeal, however, the parents only challenge one of the bases for summary judgment, meaning the judgment must be upheld "on the two unchallenged grounds." Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: August 3, 2023, Case #: 05-21-00959-CV, Categories: family Law, fraud, Legal Malpractice
J. Bock finds that the lower court did not err when it found the prenuptial agreement between the parties was valid and enforceable because evidence in the record indicates the wife signed the agreement prior to the wedding. The husband's alleged misstatement of assets is based on speculation by the wife, which is insufficient to support her contention the document was the result of fraud. Affirmed.
Court: Ohio Court Of Appeals, Judge: Bock, Filed On: August 2, 2023, Case #: 2023-Ohio-2673, Categories: family Law, fraud, Contract
J. Triana finds the trial court properly ruled in its final divorce decree between a husband and wife when it determined that the wife had wasted the couple's community assets and committed fraud. The former wife used the couple's assets to fund an ongoing affair, which subsequently led to the divorce. Based on these facts, it can be concluded that the former wife wasted their assets and committed fraud. Affirmed.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: June 13, 2023, Case #: 03-21-00517-CV, Categories: family Law, fraud
J. Sabraw dismisses the putative father's lawsuit accusing the laboratory of generating a false test result that found he was the biological father of the child in a paternity suit. The paternity test was conducted pursuant to a court order, so the claims are barred by the litigation privilege. Furthermore, California law provides no private right of action permitting the putative father to bring claims for damages for violations of the Family Code.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: June 8, 2023, Case #: 3:22cv1213, NOS: Other Fraud - Torts - Personal Property, Categories: family Law, fraud, Privilege