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Divorce Law
 
Linus F. Dias v. Ritika Dias

Appellant Linus Dias appeals the trial court’s order granting appellee Ritika Dias’s
bill of review and setting aside a previously entered divorce decree. By twelve issues,
which we address as seven, Linus contends that (1) Ritika was not entitled to a bill of
review because she failed to exercise due diligence in pursuing all legal remedies; (2)
there was insufficient evidence... More...
   $0 (11-25-2014 - TX)

Leslie O. v. Thomas O.

Petitioner in a marital dissolution case moved to have the child custody evaluator removed for bias and her evaluations stricken. The trial court denied the motion. We conclude the court erred in finding insufficient evidence of bias and denying the motion. We grant the petition and issue a peremptory writ of mandate.1
BACKGROUND
This is a marital dissolution case involving hotly contested... More...
   $0 (11-25-2014 - CA)

Jerry Day v. Jeanie Day

Jerry Day appeals from a final decree of divorce awarding Jeanie Day spousal maintenance of $500 per week for 60 calendar months and thereafter $300 per week for 15 calendar months. On appeal, Jerry argues in five issues that “there is no evidence” to satisfy the statutory requirements for spousal maintenance or
2
support either of the two findings necessary to overcome the presumption... More...
   $0 (11-20-2014 - TX)

Roy Keith Coble v. Kelly Dianne Adams

Appellant, Roy Keith Coble, challenges the trial court’s order denying his Petition to Modify Spousal Maintenance and awarding appellee, Kelly Dianne Adams, attorney’s fees. In three issues, Coble contends that the record does not
2
support the trial court’s judgment and the trial court erred in determining that it was without jurisdiction to modify the underlying order and refusing ... More...
   $0 (11-20-2014 - TX)

James Lermon v. Minyard Food Stores, Inc. and Rodney Lee

James Lermon sued Minyard Food Stores and Rodney Lee (collectively Minyard) for malicious prosecution, negligence, and gross negligence. A jury found in Lermon’s favor on all claims and awarded Lermon $830,000 in actual damages and $115,000 in punitive damages on his malicious prosecution claim and $175,000 in actual damages and $1 million in punitive damages on his negligence and gross negligen... More...   $0 (11-19-2014 - TX)

J. Felix Gonzalez-Limon v. Ruth Gonzalez

The sole issue raised in this appeal is whether the trial court erred in finding that J. Felix Gonzalez-Limon gave his interest in the real property located at 1226 Patton Boulevard (the “Property”) to Ruth Gonzalez. We affirm the trial court’s judgment.
BACKGROUND
Gonzalez-Limon and Gonzalez were married in 2004 and purchased the Property in March of 2009. In June of 2009, Gonzalez-... More...
   $0 (11-19-2014 - TX)

Deon Reese Evans v. The State of Texas

A jury found appellant guilty of the murder of his mother and sentenced him to ninetynine
years’ imprisonment. In two issues on appeal, appellant asserts the trial court erred in
denying his motion to suppress evidence seized pursuant to search and arrest warrants that were
not supported by probable cause and erred in admitting evidence of an extraneous offense. We
affirm the tri... More...
   $0 (11-18-2014 - TX)

Juan Manuel Rivas v. Sylvia V. Rivas

This is an appeal from a final decree of divorce in which Husband challenges the divestiture of his separate property. The litigants have been before the Court before. In Rivas v. Rivas, 320 S.W.3d 391 (Tex.App.--El Paso 2010, no pet.), we reversed a default judgment of divorce on procedural grounds. The case was remanded and following a bench trial, the decree at issue was entered. Because the tr... More...   $0 (11-15-2014 - )

R.B. v. L.B.

¶ 1 This case involves a child custody agreement made by divorcing parents. The agreement contemplated that L.B.
1. The Honorable Judith M. Billings, Senior Judge, sat by special assignment as authorized by law. See generally Utah R. Jud. Admin. 11-201(6).
R.B. v. L.B.
20130188-CA 2 2014 UT App 270
(Mother) would have custody of their minor son (Child) until he entered the seventh... More...
   $0 (11-14-2014 - UT)

Andrew Veysey v. Alexis Veyse

¶1 Alexis Veysey (Mother) challenges the district court’s
adoption of the domestic commissioner’s recommendation
regarding reimbursement of daycare expenses for the parties’
children. We vacate the district court’s order and remand for
further proceedings.
BACKGROUND
¶2 The parties divorced in September 1999. Pursuant to Utah
Code section 78B-12-214, the parti... More...
   $0 (11-14-2014 - UT)

Diana Douglas v. Eddie G. Douglas

In this appeal from the trial court’ s post-divorce clarification order, both Diana Douglas
and Eddie G. Douglas challenge the trial court’s division of Eddie’s disposable military retired
pay. Diana argues the division is inconsistent with the unambiguous language in the decree.
Eddie raises the same complaint, but also contends the trial court erred in awarding Diana an
arr... More...
   $0 (11-14-2014 - TX)

Daniel G. Johnson v. Anna Maines Johnson

Anna Maines Johnson filed for divorce from Daniel G. Johnson. After a bench trial, the trial court entered a Final Decree of Divorce and issued Findings of Fact and Conclusions of Law. In three stated appellate issues, Daniel challenges the trial court’s refusal to grant his reimbursement claim. Daniel contends that: (1) the trial court divested him of his “separate property” contrary to the... More...   $0 (11-14-2014 - TX)

Emily E. Suter v. Jeffrey C. Biggers

This appeal arises from a custody dispute between Jeffrey Biggers (“Jeff”) and Emily Suter (“Emily”) over their two children. The trial court entered a temporary order that the boys enroll in school in Emmett, Idaho, until the conclusion of trial. After trial, the court found that it would be in the boys’ best interests to remain in the Emmett area. Consistent with this finding, the cour... More...   $0 (11-13-2014 - ID)

Frank Special v. West Boca Medical Center

This case is before the Court for review of the decision of the Fourth District Court of Appeal in Special v. Baux, M.D., et al., 79 So. 3d 755 (Fla. 4th DCA 2011). In its decision, the district court ruled upon the following question, which the court certified to be of great public importance:
IN A CIVIL APPEAL, SHALL ERROR BE HELD HARMLESS WHERE IT IS MORE LIKELY THAN NOT THAT THE ERROR DID ... More...
   $0 (11-13-2014 - FL)

In re Marriage of Donn Michael Schu, Jr. and Genise Schu

When does "until" begin? Here we conclude it begins when "when" begins.
A marital settlement agreement provides that the trial court will reserve jurisdiction to award long-term spousal support "until" the wife is released from prison. Wife files a motion for support five weeks before her release, set to be heard three days after her release. The hearing is twice continued, once because husban... More...
   $0 (11-12-2014 - CA)

Estate of Ellen Gregory Robb v. Rafael Robb

Montgomery County, PA - The Estate of Ellen Gregory Robb sued Rafael Robb on a wrongful death theory claiming that Defendant beat Ellen Robb to death in the couple's kitchen. Defendant, a former University of Pennsylvania economics professor was charged with first-degree murder but pleaded guilty to manslaughter and was sentenced to serve 5 to 10 in the Pennsylvania Prison System. Ellen was allege... More...   $124000000 (11-05-2014 - PA)

Heather G. Brown v. Michael L. Brown

Michael L. Brown appeals from the judgment of the district court dismissing his appeal as untimely. For the reasons that follow, we vacate and remand.
I.
FACTS AND PROCEDURE
This appeal arises out of a divorce proceeding begun by Heather G. Brown (Heather) against Michael. On June 13, 2013, a magistrate signed a divorce decree, and the clerk of the district court file stamped the decre... More...
   $0 (10-31-2014 - ID)

In the Marriage of Elenita L. and Romer N. Fajota

Elenita L. Fajota appeals from an order of the trial court granting her ex-husband, Romer N. Fajota, joint legal custody of the couple's three children. According to Elenita, Romer admitted to engaging in acts of domestic violence, and the trial court found that Romer had committed domestic violence against her. Elenita contends that in awarding Romer joint legal custody, the trial court failed to... More...   $0 (10-30-2014 - CA)

Trisha Wakat Shafer v. Jack Newton Shafer

Appellant Trisha Wakat Shafer appeals from the trial court’s September 7, 2012 order denying her petition to modify the parent-child relationship. In two points of error, Trisha argues that the trial court abused its discretion by denying her right to a jury trial and by refusing to grant her motion for continuance. We affirm.
2
I. Factual Background
Trisha and Jack Shafer divorced i... More...
   $0 (10-30-2014 - TX)

United States of America v. Terry Lee Margheim

At the conclusion of a bench trial, Terry Lee Margheim was convicted of
five counts of an indictment, charging him with various drug- and firearm-related
offenses. He was sentenced to a term of 132 months’ imprisonment. Mr.
Margheim now challenges the validity of his conviction, claiming (1) that the
district court failed to comply with the requirements of the Speedy Trial Act of... More...
   $0 (10-29-2014 - CO)

J.L.C. v. K.A.A.

¶ 1 J.L.C. appeals the district court’s order dismissing for lack of standing his petition to establish paternity. We conclude that R.P. v. K.S.W., 2014 UT App 38, 320 P.3d 1084, a case issued after the parties’ principal briefs were filed in the present appeal, resolves all material issues against J.L.C. We accordingly affirm the judgment of the district court.
¶ 2 The facts of the pres... More...
   $0 (10-17-2014 - UT)

Candace Peterson v. John Andrew Armstrong

¶1 John Andrew Armstrong (Husband) appeals from the
Fourth District Court’s order entering a civil stalking injunction
against him and in favor of Candace Peterson (Grandmother).
1. The Honorable Pamela T. Greenwood and Russell W. Bench,
Senior Judges, sat by special assignment as authorized by law. See
generally Utah R. Jud. Admin. 11-201(6).
Peterson v. Armstrong
H... More...
   $0 (10-17-2014 - UT)

Jamie Michelle Clark v. Peter Andrew Clark

¶1 Petitioner/Appellant Jamie Michelle Clark (Mother) seeks review of the trial court's order denying her motion to reconsider after denying her motion to reduce an alleged child support arrearage to judgment in the divorce action against Respondent/Appellee Peter Andrew Clark (Father). In this proceeding, Mother asserts the trial court erred as a matter of law and fact in refusing to grant her j... More...   $0 (10-09-2014 - OK)

Lunada Biomedical v. Laura Nunez

Attorneys for a consumer served on a company a notice required for damages under the Consumer Legal Remedies Act, Civil Code section 1750 et seq. (CLRA), setting forth alleged violations of the CLRA and demanding action. The company then brought a declaratory relief action against the consumer and her attorneys seeking a declaration that it had not violated the CLRA. The consumer and the attorneys... More...   $0 (10-09-2014 - CA)

Occupy Nashville, et al. v. William Haslam, et al.

In October 2011, a group of protesters calling themselves
“Occupy Nashville” established an around-the-clock presence on the Nashville War Memorial
Plaza (the “Plaza”) in Nashville, Tennessee, with the aim of bringing attention to disparities in
wealth and power in the United States.1 Occupy Nashville v. Haslam, 949 F. Supp. 2d 777, 785
(M.D. Tenn. 2013). After several week... More...
   $0 (10-08-2014 - TN)

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