255 results for 'casenum:"24"'.
J. Van Cleef grants on appeal the cost reduction requests by an indigent defendant sentenced to 20 months in state jail for violating the terms of his community probation for unauthorized use of a vehicle. The trial court erroneously assessed $765 in attorney fees against the indigent defendant without finding a “material change in financial circumstances.” The trial court also failed to orally announce a $1,500 fine at the sentencing, which is deleted. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Van Cleef, Filed On: May 16, 2024, Case #: No. 6-24-3-CR, Categories: Sentencing, Sanctions, Attorney Fees
J. Smith finds that the trial court properly terminated the father's parental rights to his child. There was sufficient evidence to support the predicate ground of endangerment and the best-interest finding. This includes the father's "history of recurring substance abuse" and "drug-related incarceration." Also, the child was "very attached" to his foster family, which was able to provide him a safe and stable home. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: May 16, 2024, Case #: 10-24-00002-CV, Categories: Evidence, Family Law
Per curiam, the appellate division finds that attorney Devon Joseph Casertino should be censured for failing to abide by terms set for his conditional admittance to the bar, including that he associate with an experienced lawyer and refrain from engaging in solo practice. Meanwhile, the parties jointly agreed to discipline in the form of censure. However, Casertino's pending request to discontinue those conditions should be denied as inadvisable at this time.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 16, 2024, Case #: PM-94-24, Categories: Attorney Discipline
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J. Carney finds that the district court properly held that a Ukrainian mother violated international child abduction laws by taking her two children to New York after Russia invaded their homeland, rather than send her children to their father's residence outside Ukraine, under their custody arrangement. That the father consented to the children's removal for safety reasons did not preclude wrongful retention claims he brought under the Hague Convention after learning that the mother had moved the children to the U.S. However, limited remand is required to clarify that Ukrainian courts maintain authority over the ultimate custody determination. Affirmed.
Court: 2nd Circuit, Judge: Carney, Filed On: May 16, 2024, Case #: 24-172, Categories: Family Law, International Law
J. Scales finds the trial court did not err by not granting the siblings' demand that it sign a proposed order granting them summary judgment on their claim of professional negligence against their former attorneys. Although the trial court did say in March of 2022 that it intended to sign an order granting partial summary judgment after orally granting judgment on the claim, the siblings' petition for a writ of mandamus ordering the trial court to sign such an order cannot be granted because that act is not "purely ministerial."
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: May 15, 2024, Case #: 24-0351, Categories: Judiciary, Negligence, Legal Malpractice
J. Schlegel finds that the trial court should not have denied an insurer's motion for summary judgment for coverage to an insured on a claim of faulty repair work the insured performed on a truck. The insurer's policy does not provide coverage for damages arising from faulty workmanship. Further, the truck owner presented evidence that when its employees went to retrieve the truck, the insured's employee started up the truck and drove it a short distance despite the fact that the engine warning light and alarm had activated due to lack of sufficient oil in the engine. Therefore, the "products completed operations hazard” does not apply because the truck was still on the insured's property at the time the damage occurred. Reversed.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: May 15, 2024, Case #: 24-C-125, Categories: Insurance, Contract
[Consolidated.] Per curiam, the appellate court finds that the trial court should have granted the relators' exceptions of no cause of action on the decedent's family's claim for bystander damages after the decedent drowned while being chased by the facility's employees after they observed the decedent tampering with their vehicle. In this case, the family does not show that they observed the drowning or chase. Reversed.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: May 15, 2024, Case #: 24-C-58, Categories: Evidence, Wrongful Death
J. Miskel finds that the lower court properly terminated the mother's parental rights to the child. The mother's counsel has indicated that the appeal is without merit, and the court agrees. The evidence shows that the mother had a history of incarceration and that she tested positive for methamphetamines during the pending case. Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: May 15, 2024, Case #: 05-24-00159-CV, Categories: Evidence, Family Law
J. Worthen denies the property occupants' request for a writ of mandamus. The occupants seek to challenge the order of possession, the denial of their motion to reduce the bond, and to stay issuance of the writ of possession. The occupants have failed to establish the court improperly set the amount of the supersedeas bond at $7,500 and overruled the motion to reduce the bond and stay proceedings. The occupants had sufficient information upon which to exercise discretion. Based upon their income, expenses, personal property, and evidence of resale and rental values of the premises, a bond of $7,500 would not subject them to economic harm and was necessary to protect property owner.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: May 15, 2024, Case #: 12-24-00076-CV, Categories: Landlord Tenant, Property, Due Process
Per curiam, the Arkansas Supreme Court has determined the exercise of superintending authority may be appropriate as to the request for removal of the trial judge in the underlying matter. The record shows the judge may have acted in ways that do not promote confidence in the judiciary and has possibly not been impartial.
Court: Arkansas Supreme Court, Judge: Per curiam, Filed On: May 13, 2024, Case #: CV-24-295, Categories: Administrative Law, Judiciary
J. Molberg conditionally grants the relators' petition for a writ of mandamus, in which they seek to compel the judge in the underlying contract case to rule on certain pending motions. The court concludes that the motions were properly filed and the "trial judge has failed to rule within a reasonable time."
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: May 10, 2024, Case #: 05-24-00191-CV, Categories: Civil Procedure, Contract
Per curiam, the Vermont Supreme Court finds the lower court properly terminated a father’s parental rights to his child. There was sufficient evidence to support the determination that the father had “stagnated in his progress toward reunification.” Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 24-AP-019, Categories: Family Law, Guardianship
J. Rambin affirms a trial court’s summary judgment ruling against one of two female family members in a car collision action, finding the older female’s claim in the suit is time-barred. On appeal, however, the trial court’s ruling of summary judgment is reversed and remanded as improper as to the younger female because she was a 16-year-old minor at the time of the accident; the limitations were tolled until she reached 18. Reversed in part.
Court: Texas Courts of Appeals, Judge: Rambin, Filed On: May 10, 2024, Case #: 06-24-1, Categories: Civil Procedure, Tort, Vehicle
Per curiam, the appellate division finds that attorney Rita Horowitz Altman, sanctioned for misconduct where she lives and practices immigration law in Florida, should be suspended in New York for three years. Altman failed to timely report the discipline in her home jurisdiction, which stretched over nearly 20 years, as well as discipline imposed by the board of immigration appeals based on the Florida misconduct. Meanwhile, her actions in Florida would have qualified for discipline New York.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: PM-86-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney William Brammer should be suspended for 30 days due to similar sanctions imposed upon misconduct in his home jurisdiction of Washington, D.C. Brammer promptly alerted New York officials to the discipline, which included his admission to lack of client communication, and the New York suspension is retroactive to the suspension imposed in D.C. in January 2021.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: PM-87-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Gerald Orseck should be suspended for three years for misconduct. The parties agreed to the discipline following lengthy negotiations over charges that Orseck mismanaged his escrow account and engaged in conflicts of interest with a current client, and other instances of discipline during his 65 years of practice were also considered.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: PM-88-24, Categories: Attorney Discipline
J. Beck finds that the lower court improperly sentenced defendant following his guilty plea to driving under the influence of alcohol. His DUI conviction should not be treated as his third offense in 10 years for sentencing purposes based on his prior conviction in Ohio, for physical control of a vehicle while under the influence, that was improperly classified as substantially similar to Pennsylvania’s offense of a DUI. Vacated.
Court: Pennsylvania Superior Court, Judge: Beck, Filed On: May 9, 2024, Case #: J-A06036-24, Categories: Criminal Procedure, Sentencing, Dui
Per curiam, the court of appeals grants the pest control company's petition for a writ of mandamus. The company seeks to compel the trial court to withdraw its order denying its motion to compel a physical and mental examination of the parties in a car collision case. Expert examination is required to obtain a fair trial and, therefore, necessitates the intrusion upon the injured parties' privacy.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: May 9, 2024, Case #: 09-24-00007-CV, Categories: Tort, Vehicle, Experts
J. Lynch finds that the lower court properly dismissed a republican and conservative challenge to the constitutionality of New York's Early Mail Voter Act, which permits registered voters to apply to vote early by mail in any election in which they are eligible to vote. No implied prohibition to universal mail-in voting is contained within the absentee ballot provisions of the state constitution, nor does the constitution otherwise require in-person voting. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: May 9, 2024, Case #: CV-24-0281, Categories: Constitution, Elections