135 results for 'filedAt:"2023-07-07"'.
J. Soud finds the trial court properly partitioned and distributed the proceeds from the judicial sale of a residential property previously co-owned by the daughter and the mother. The trial court's decision awarding attorney fees to the mother but not the daughter must be affirmed because it cannot be fully reviewed with the available record, in part because there is no transcript of the hearing on attorney fees to determine if the trial court abused its discretion by weighing the equities involved, including whether one of the parties brought frivolous arguments or defenses. The trial court's decision on attorney fees and its final accounting and distribution of the proceeds from the sale are upheld. Affirmed.
Court: Florida Courts Of Appeal, Judge: Soud, Filed On: July 7, 2023, Case #: 23-0010, Categories: Property, Attorney Fees, Contract
J. Edwards dismisses this appeal from a summary judgment entered in a dispute over the renewal of a mining permit. On appeal, the water works board contends that the permit at issue had expired before the mining company filed its renewal application. However, the board's "appeal to the trial court was taken from a nonfinal order," which deprived it of jurisdiction. Accordingly, the appellate court also lacks jurisdiction to consider the appeal.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: July 7, 2023, Case #: CL-2022-1059, Categories: Civil Procedure, Environment, Jurisdiction
J. Kelley dismisses billed individuals’ motion to have their counterclaims reconsidered after they were dismissed initially, because they argue that a company tried to force them to pay sales taxes. However, the company repeatedly sending invoices including a sales tax is not the same thing as demanding they pay a sales tax.
Court: USDC Massachusetts, Judge: Kelley, Filed On: July 7, 2023, Case #: 1:20cv11402, NOS: Other Contract - Contract, Categories: Tax, Contract
J. Booth agrees with the lower court’s decision not to admit an attorney to the bar based on his actions, including lying to the court by not telling it that he was not licensed to practice law in Maryland and not seeking admission under special circumstances. This was at a trial where he represented his great-niece in a child custody suit. He also knowingly lied to the court that he had sought that special circumstances admission and that it had been granted, then lied to the bar counsel that he had never practiced law in Maryland. Affirmed.
Court: Supreme Court of Maryland, Judge: Booth, Filed On: July 7, 2023, Case #: C-03-CV-003427, Categories: Sanctions, Attorney Discipline
J. Cassel finds the trial court properly convicted and sentenced defendant for unspecified felony and misdemeanor offenses. Though defendant claims she was not advised as to the terms of her post-release supervision, the record shows that she was advised by the court and that her attorney received the sentencing order with certificate of service. That the order was unsigned amounts to nonprejudicial, plain error. Defendant also fails to allege any specific deficient performance by counsel. Affirmed.
Court: Nebraska Supreme Court, Judge: Cassel, Filed On: July 7, 2023, Case #: S-22-864, Categories: Ineffective Assistance, Sentencing
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J. Barbador denies both parties’ motions for summary judgment in a case where real estate developers are suing a town for violation of the Fair Housing Act by placing a year-long moratorium on issuing new building permits and approving new site plans, as well as adopting an ordinance that limits new residential construction, directly following the real estate developers’ proposal to develop affordable housing. The town’s claims that the developers failed to submit a formal site plan and that their proposed project fails to comply with an ordinance that has nothing to do with the moratorium they enacted fail to stand up under scrutiny because both claims relate to the specific development plan that was rejected rather than the proposed development and its goals.
Court: USDC New Hampshire, Judge: Barbadoro, Filed On: July 7, 2023, Case #: 1:21cv770, NOS: Housing/Accommodations - Civil Rights, Categories: Real Estate, Zoning, Housing
J. Harris finds partially in favor of the former husband in his multiple challenges to the trial court's judgment in the dissolution of his and the former wife's marriage. Given the abundant record of the husband's severe physical and verbal abuse and threats to the wife, their child and others, as well as the husband's established history of alcohol abuse and issues with explosive anger, the trial court did not abuse its discretion by granting the wife sole parental responsibility and limiting the husband's parental timesharing to supervised visits once per week. The trial court did abuse its discretion, however, by ordering the husband not to consume alcohol and attend Alcoholics Anonymous meetings once per week, as that part of the judgment is "completely untethered" to the best interests of the child in part because the husband has been denied unsupervised visits and has no pathway to them. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Harris, Filed On: July 7, 2023, Case #: 23-0208, Categories: Family Law, Judiciary
J. King finds the district court properly denied defendant’s habeas petition from his state conviction for aggravated sexual assault of a child under the age of six. After the child complained to his mother of pain from defendant’s “[putting] a stick in his bottom,” his pediatrician reported the abuse. Defendant’s argument that expert testimony as to children’s truthfulness, which he says is impermissible, is unconvincing. All evidence supports conviction and it is unlikely that defendant would have been acquitted absent the challenged testimony. Affirmed.
Court: 5th Circuit, Judge: King, Filed On: July 7, 2023, Case #: 21-20579, Categories: Evidence, Sex Offender, Child Victims
J. Raker agrees with the lower court’s decision that the jury should not have received voluntariness instructions in a trial where the court convicted a gun owner of murder. The gun owner, seen shooting a man on a closed circuit camera at a business, was positively identified and all other evidence supports this identification. There was also no evidence that the gun owner had been coerced by police into a false confession. Affirmed.
Court: The Appellate Court of Maryland, Judge: Raker, Filed On: July 7, 2023, Case #: 119248020, Categories: Firearms, Murder, Jury Instructions
J. Watts concurs with the intermediate court’s decision that a computer owner’s Fourth Amendment rights were not violated by the U.S. Army Criminal Investigation Command when it searched a copy of his hard drive after seizing it for suspected child pornography. The owner’s right to privacy had not been violated because the Army did not examine the hard drive copy contents. However, the Army had searched the hard drive without a warrant after the owner’s revocation. Though less invasive than an examination, the search is considered unreasonable based on the revocation. Affirmed.
Court: Supreme Court of Maryland, Judge: Watts, Filed On: July 7, 2023, Case #: C-02-CR-21-000487, Categories: Constitution, Search, Child Pornography
J. Saylor grants a stadium owner’s motion for summary judgment against a spectator who fell at the stadium after slipping on a drink spilled by another spectator. Massachusetts doesn’t require cups to be sold with spill-proof lids even in situations where consumers carry their own drinks while traveling from concession stands to their seats, so it is outside of this court’s jurisdiction to determine that the stadium owner was liable. Because the fall occurred only a few seconds after a drink fell, the stadium owner and its contractors were not at fault for failing to remove the spill in time because they didn’t have enough notice of the spill.
Court: USDC Massachusetts, Judge: Saylor, Filed On: July 7, 2023, Case #: 1:21cv10910, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Jurisdiction, Premises Liability
J. Burroughs partially grants a former employer’s motion to dismiss its Pakistani former employee’s claims that they discriminated and retaliated against him based on his race, national origin and religion. The former employee waited beyond the statute of limitations to file a lawsuit, and while he did try to resolve the discriminatory and threatening behavior he was subjected to internally, which can account for some of the time it took for him to file a complaint, there was still ample time after he had tried to address the matter internally and management failed to support him where he could have filed a complaint.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: July 7, 2023, Case #: 1:22cv11893, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Bushong finds the trial court properly dismissed an individual's lost chance claim before a wrongful death trial. “Plaintiff did not allege a lost chance claim that is cognizable under Oregon law.” Affirmed.
Court: Oregon Supreme Court, Judge: Bushing, Filed On: July 7, 2023, Case #: S069760, Categories: Wrongful Death