17 results for 'cat:"Evidence" AND cat:"Attorney Fees"'.
J. Mortensen finds that the trial court properly denied a phone book publisher's motion for judgment as a matter of law because of ambiguity in the terms of a contract with a plumber for a phone book listing. Extrinsic evidence was properly admitted to resolve the ambiguities. And attorney fees to the plumber were supported by its success in defending the contract claim. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: May 9, 2024, Case #: 20220339-CA, Categories: evidence, attorney Fees, Contract
J. Edwards finds that the lower court improperly assessed costs against the prospective adoptive parents in this case involving their adoption petition and the biological mother's withdrawal of consent. The amount of the award is not supported by the record. The case is remanded for the lower court "to itemize the costs it assessed against the prospective adoptive parents and to permit them, if necessary, to challenge any particular costs." Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: April 26, 2024, Case #: CL-2023-0572, Categories: evidence, Family Law, attorney Fees
J. Jones grants the ex-wife's motion for attorney fees and costs in the amount of $84,000. The extra-marital lover filed this suit against her lover and his ex-wife, alleging they were involved in sex trafficking. The suit was found to be frivolous and an abuse of judicial process because the facts provide no basis to find the ex-wife did anything wrong. All factors were correctly considered, and the accuser's arguments are without merit.
Court: USDC Nevada, Judge: Jones , Filed On: March 20, 2024, Case #: 3:21cv458, NOS: Other Statutory Actions - Other Suits, Categories: evidence, attorney Fees
J. Greene finds that the trial court properly calculated the father's child support obligation and that the mother is owed additional attorney fees for this appeal. The father did not show that the evidence relied upon for the calculation was incomplete, and there was sufficient evidence to support the findings regarding the parties' incomes. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: February 23, 2024, Case #: 2023CU1050, Categories: evidence, Family Law, attorney Fees
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J. Horton finds the trial court properly convicted defendant for aggravated sexual assault. Defense counsel's motion to withdraw is granted based on his assessment there are no arguable grounds for appeal. However, the record does not support the court’s ruling requiring the indigent defendant to reimburse the county $2,500 in attorney fees. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: February 21, 2024, Case #: 09-23-00071-CR, Categories: evidence, Sex Offender, attorney Fees
[Consolidated] J. Herndon finds the trial court improperly entered a complex post-judgment order involving the patient's motion to retax and settle costs, and denying the doctor's motion for attorney fees. The patient whose uterine and intestinal walls were perforated during a hysteroscopy challenges the court's decision to admit evidence of her informed consent. The doctor was incorrectly allowed to present evidence involving informed consent when the patient did not raise a claim based on lack of consent. Though assumption-of-risk evidence may be relevant in certain cases, the defense is improper where consent is uncontested. Reversed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: December 21, 2023, Case #: 84492, Categories: evidence, Medical Malpractice, attorney Fees
J. Prescott finds the lower court did not exceed the scope of this court's remand order when it held the wife solely responsible for the couple's debt on their home equity line of credit. It resolved a previous inconsistency involving $10,000 borrowed against the line of credit by the husband to pay for attorney fees and held each party responsible for their own fees, excluding that $10,000. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: December 15, 2023, Case #: AC45889, Categories: evidence, Family Law, attorney Fees
J. Gravois finds that the trial court properly granted a judge's motion for summary judgment on an individual's claim that the judge conspired with a law clerk to destroy court documents in another suit that the individual was a party to in the same court. The judge testified that he never observed the law clerk mishandle any court documents, and the individual did not present direct evidence that the law clerk destroyed the documents. The complaints against the law clerk were investigated, and there were no eyewitness accounts of the destruction of the documents. Further, the trial court properly granted the law clerk's motion for attorney fees because there was no evidence showing a "willful act in the use of the process not proper in the regular prosecution of the proceeding." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: December 14, 2023, Case #: 22-CA-592, Categories: evidence, attorney Fees, Contract
J. Carlyle finds that the lower court improperly rendered judgment notwithstanding the verdict as to attorney fees in this suit concerning a Rule 11 settlement agreement. The appellee failed to timely object to the evidence regarding fees. Accordingly, her segregation complaint was waived. Also, the evidence sufficiently supported the award. Reversed in part.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: December 8, 2023, Case #: 05-23-00080-CV, Categories: evidence, attorney Fees, Contract
J. Perkins finds a lower court partly, improperly instructed a fiduciary services company to reimburse fees imposed on a conservatorship of a ward's estate, who lacks capacity to make compensation decisions. The fiduciary services company argued that the lower court properly awarded its request for fees. However, the conservator presented sufficient evidence in court that the fiduciary services company is obligated to reimburse fees for failure to submit notice for non-compliance, which precludes compensation. Reversed.
Court: Arizona Court Of Appeals Division One, Judge: Perkins, Filed On: September 21, 2023, Case #: 1 CA-CV 22-429, Categories: evidence, Fiduciary Duty, attorney Fees
[Consolidated.] J. Forbes finds the lower court properly granted the husband's motion to eliminate the spousal support obligation from the parties' divorce decree because evidence in the record indicates the wife consistently spent more than the allowed monthly amount, primarily on luxury items. Furthermore, the lower court properly awarded $3,000 in attorney fees to the husband based on evidence of his attorney's hourly rate. Affirmed.
Court: Ohio Court Of Appeals, Judge: Forbes, Filed On: September 21, 2023, Case #: 2023-Ohio-3355, Categories: evidence, Family Law, attorney Fees
J. Erickson finds a lower court improperly ruled in favor of a female campus security officer who claimed deliberate indifference against a group of college board of trustees. The female campus security officer argued that the college board of trustees failed to timely investigate her allegations. However, the board of trustees presented sufficient evidence in court that it promptly initiated an investigation into the matter, which justifies an award of attorney's fees on its behalf. Reversed.
Court: 8th Circuit, Judge: Erickson, Filed On: August 15, 2023, Case #: 22-1814, Categories: evidence, Negligence, attorney Fees
J. Partida-Kipness finds that the lower court improperly awarded conditional post-trial and appellate attorney fees in this suit arising from the "dispute between homeowners and a contractor concerning removal of popcorn ceiling from a residential property." The evidence does not sufficiently establish the conditional appellate fees. Reversed in part.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: July 10, 2023, Case #: 05-21-00936-CV, Categories: evidence, attorney Fees
J. Quinn finds that the lower court properly ruled on certain issues in this case concerning the boundary line between two homes. The evidence sufficiently supports the judgement as to adverse possession, as the record reasonably identifies the land at issue. Also, any error as to the admission of a certain survey map was harmless. The issue of attorney fees should be remanded, however, for a redetermination. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: May 22, 2023, Case #: 07-22-00230-CV, Categories: evidence, Real Estate, attorney Fees