25 results for 'cat:"Civil Procedure" AND cat:"Judiciary"'.
J. Armstrong finds the lower court properly granted a judge’s motion to dismiss. Defendant was convicted of aggravated kidnapping, especially aggravated kidnapping, and two counts of aggravated assault and was sentenced to 17 years incarceration. Defendant failed to timely file his second amended petition for post-conviction relief and dismissed the action. Defendant filed a complaint alleging the trial judge exceeded his authority in dismissing the matter. The judge filed a motion to dismiss arguing that he acted within his jurisdiction, which the lower court granted, and the instant court agrees. The lower court dismissed the matter finding it was barred by the doctrine of judicial immunity. Affirmed.
Court: Tennessee Court of Appeals, Judge: Armstrong, Filed On: April 26, 2024, Case #: E2023-00557-COA-R3-CV, Categories: civil Procedure, judiciary
J. McNeill finds that a motion in which a judge and a party who filed an employment action sought an injunction was properly dismissed after the commonwealth eliminated Floyd Circuit Court Division II following the passage of House Bill 348 in 2018, which reduced the number of circuit judges in Floyd County from three to two. The parties lacked standing since they could not prove a possible future injury. Affirmed.
Court: Kentucky Court Of Appeals, Judge: McNeill, Filed On: March 22, 2024, Case #: 2023-CA-0039-MR, Categories: civil Procedure, Employment, judiciary
Per curiam, the court of appeal approves the proposed refinements to the "Workgroup on the Improved Resolution of Civil Cases" proposals to amend the Florida Rules of General Practice and Judicial Administration with modifications. The amendments become effective on July 1, 2024.
Court: Florida Supreme Court, Judge: Per curiam, Filed On: March 21, 2024, Case #: SC2023-0837, Categories: civil Procedure, judiciary
J. Conrad orders a pre-filing review system imposed on any documents filed by a man for his abuse of the court and entrance of frivolous filings, including the current ones against a host of judges, courts, lawyers and firms, banks and his former employer. Despite warnings, the man filed an omnibus motion against all the parties after having been asked to submit one page as to why he should not subject to the pre-filing review system.
Court: USDC Western District of North Carolina, Judge: Conrad, Filed On: January 18, 2024, Case #: 3:23cv423, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: civil Procedure, judiciary
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Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed an individual's request for a writ of prohibition. Even if it erroneously granted the Republican Party's request for attorney fees stemming from frivolous conduct without holding the required hearing, it maintained jurisdiction over the case, which prevents any prohibition relief. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: November 28, 2023, Case #: 2023-Ohio-4188, Categories: civil Procedure, judiciary, Jurisdiction
Per curiam, the Arkansas Supreme Court amends certain rules of civil procedure regarding court procedure for filing involuntary dismissals via electronic methods rather than through the mail. The opinion also specifies that procedures for emergency relief will follow those outlined in rules for issuing temporary restraining orders unless applicable statute specifies another procedure.
Court: Arkansas Supreme Court, Judge: Per curiam, Filed On: November 16, 2023, Case #: 2023 Ark. 167, Categories: civil Procedure, judiciary
J. Crain finds that Judge G. Michael Canaday violated the Code of Judicial Conduct when he engaged in improper ex parte communications and inappropriately granted a state motion to release documents from seal without holding a hearing related to a criminal defendant's indigency. Judge Canaday's conduct resulted in the defense strategy being revealed in a second-degree murder case and gave the impression of favoring prosecutors. Therefore, Judge Canaday is publicly censured.
Court: Louisiana Supreme Court, Judge: Crain, Filed On: October 20, 2023, Case #: 2023-O-00735, Categories: civil Procedure, judiciary
J. Torbitzky finds that the judge abused her discretion in sustaining the child's motion for joinder of her mother as a necessary party in a suit seeking damages for abuse and harassment at the hands of a man convicted of child sodomy. Even if the daughter's claims are true that her mother directed the man's conduct, the mother is not required as a party for her to claim damages against the man. Reversed.
Court: Missouri Court Of Appeals, Judge: Torbitzky, Filed On: September 19, 2023, Case #: ED111910, Categories: civil Procedure, judiciary, Tort
Per curiam, the Georgia Supreme Court finds that the special master improperly granted the Georgia Bar's motion for default against attorney Ramon David Sammons, Jr. for his violations of the Georgia Rules of Professional Conduct during his representation of an elderly client and her daughter in a personal injury action against a nursing home. The attorney made misrepresentations to the daughter, failed to communicate with her and participated in the matter when he was either suspended from the practice of law or ineligible to practice for nonpayment of dues. The attorney was not in default when he filed and served his answer to the complaint within 30 days after the Bar took additional efforts at the special master's prompting to him. Vacated.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: August 16, 2023, Case #: S23Y0743, Categories: civil Procedure, judiciary, Attorney Discipline
Per curiam, the court of appeals denies the chief disciplinary counsel's motion to dismiss for improper joinder because its participation in and prosecution of the disciplinary hearings below render it a proper party to this action. Meanwhile, because attorney Norman Pattis failed to timely serve the trial court judge who suspended him from the practice of law for six months, her motion to dismiss is granted.
Court: Connecticut Court Of Appeals, Judge: Per curiam, Filed On: July 28, 2023, Case #: AC46194, Categories: civil Procedure, judiciary, Attorney Discipline
J. Walton grants, in part, a soldier's motion for summary judgment on his action seeking collateral review of his conviction by a court martial for desertion and misbehavior, which occurred after he left his post without permission in 2009, and was captured by Taliban-related fighters and tortured for five years before being returned to the U.S. in a prisoner exchange. The court martial order must be vacated, as the military judge presiding over the case failed to disclose a ground for his disqualification.
Court: USDC District of Columbia, Judge: Walton, Filed On: July 25, 2023, Case #: 1:21cv418, NOS: Other Statutory Actions - Other Suits, Categories: civil Procedure, judiciary, Military
Per curiam, this court issues a dispositional order of affirmance affirming a lower court’s decision to dismiss a case. A procedural error by the lower court — in which the court failed to immediately serve parties with an amended order — did not excuse one party’s later “extreme untimeliness” in filing, not least because that party had in fact learned of the amended order on the very same day the court issued it. Affirmed.
Court: New Mexico Supreme Court, Judge: Per curiam, Filed On: July 13, 2023, Case #: S-1-SC-39399, Categories: civil Procedure, judiciary, Due Process
J. Bea finds that the district court properly ordered plaintiff, an individual doing business as a farm, to pay a filing fee for a civil action against the U.S. Department of the Interior. District courts have the authority to impose partial filing fees on non-prisoner civil litigators. Affirmed.
Court: 9th Circuit, Judge: Bea, Filed On: July 12, 2023, Case #: 20-35733, Categories: Agriculture, civil Procedure, judiciary
Per curiam, the Florida Supreme Court amends rules concerning methods with which attorneys advertise their services, effective August 21, 2023, at 12:01 am.
Court: Florida Supreme Court, Judge: Per curiam, Filed On: June 22, 2023, Case #: SC2022-1294, Categories: civil Procedure, judiciary
J. Kernodle grants the motions to dismiss the individuals' suit that challenges the constitutionality of a Texas law concerning vexatious litigants. The individuals, who were declared vexatious litigants, lack standing to sue the accused parties, which include an administrative judge, county district clerk and the Director of Court Administration.
Court: USDC Eastern District of Texas , Judge: Kernodle, Filed On: May 30, 2023, Case #: 6:22cv367, NOS: Constitutionality of State Statutes - Other Suits, Categories: civil Procedure, Constitution, judiciary