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Divorce Law
 
Jeanna S. Cheney v. Zachary Poore

Jeanna Cheney appeals the Court of Appeals' decision affirming the district court's award of residential custody of her daughter, Justine Poore, to Justine's father, Zachary Poore. Like the Court of Appeals, we conclude that the district court erred in applying K.S.A. 2013 Supp. 23-3207(b) (dividing the residency of full siblings
3
between their parents) to the residential custody determin... More...
   $0 (12-19-2014 - KS)

In the Matter of the Marriage of David M. Traster and Debra C. Traster

This appeal challenges the district court's property division in a divorce case. Our focus is on a document entitled "Post-Nupt[i]al Agreement Dissolution of the Marriage," which the attorney-husband drafted during the marriage, reserving most of the assets for the wife. Husband now claims the agreement is void because of the lopsided property division, even though the agreement explicitly states ... More...   $0 (12-19-2014 - KS)

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 (12-19-2014 - CA)

Sharon McGill v. Citibank, N.A.

Plaintiff and respondent Sharon McGill sued defendant and appellant Citibank, N.A. (Citibank) for unfair competition and false advertising in offering a credit insurance plan she purchased to protect her Citibank credit card account. Alleging claims under California’s unfair competition law (Bus. & Prof. Code, § 17200 et seq.; hereinafter UCL), false advertising law (Bus. & Prof. Code, § 17500... More...   $0 (12-18-2014 - )

In the Interest of S.D., a child

After the same-sex relationship between Appellant S.L.D. and Appellee S.M.D. ended, S.L.D. filed suit seeking joint managing conservatorship of S.D., a child born to S.M.D. through artificial insemination during the relationship. S.L.D. based her claim to standing on family code section 102.003(a)(9), which provides that “a person, other than a foster parent, who has had actual care, control, an... More...   $0 (12-11-2014 - TX)

Miguel Reyes v. Norma Reyes

This is an appeal from a final decree of divorce following a bench trial. Miguel challenges the sufficiency of the evidence to support (1) the appointment of Norma as the joint managing conservator with the right to determine the primary residence of the child; (2) the monthly child support awarded; (3) the division of the marital estate; and (4) “reimbursement” to Norma.
FACTUAL SUMMARYMore...
   $0 (12-10-2014 - TX)

United States of America v. Adrian Briciu

BOISE, ID — Adrian Briciu, 32, a Romanian national residing in Sun Valley, Idaho, was sentenced to three years of probation and a $1,000 fine for unlawful procurement of United States citizenship, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also entered an order revoking Briciu’s fraudulently obtained naturalization and United States citizenship. Brici ple... More...   $0 (12-05-2014 - ID)

Tamara Christian v. Brian Daniel Christian

¶ 1 Brian Daniel Christian (Husband) and Tamara Christian (Wife) divorced in 2013. Wife appeals, asserting five claims of error in distributing the marital estate. We affirm in part and reverse in part.
¶ 2 First, Wife contends that the district court ‚abused its discretion by failing to follow the statutor[ily] required analysis to impute income.‛ Because this issue requires statutory i... More...
   $0 (12-04-2014 - UT)

In the Matter of the Marriage of Krystal Redding Bills and Bradley Gill Bills

The trial court denied Krystal Redding Bills’ request for a money judgment against her former spouse, Bradley Gill Bills. Krystal appeals, arguing that the trial court erred in denying her claim. We find no error and affirm the judgment.
I. Background
Krystal and Bradley were divorced in Lamar County in July 2012. The parties entered into a property division agreement that was incorporat... More...
   $0 (12-04-2014 - TX)

Jeffrey Stein, D.D.S., M.S.D., P.A. v. Buccaneers Limited Partnership

This case presents the question whether a defendant may moot a class action through an unaccepted Federal Rule of Civil Procedure 68 offer of complete relief to the named plaintiffs—but not to class members—before the named plaintiffs move to certify the class. In the circumstances of this case, the answer is no. We join the majority of circuits that have addressed the issue.

I. The P... More...
   $0 (12-01-2014 - FL)

State of Utah v. Jeffery Finlayson

¶1 Jeffery Finlayson appeals from his convictions for
aggravated kidnapping, a first degree felony, Utah Code Ann. § 76-
1. The Honorable Pamela T. Greenwood, Senior Judge, sat by
special assignment as authorized by law. See generally Utah R. Jud.
Admin. 11-201(6).
State v. Finlayson
5-302 (LexisNexis Supp. 2013),2 and aggravated assault, a third
degree felony, id. §... More...
   $0 (11-28-2014 - UT)

Kathleen J. Dickerson v. Larry E. Dickerson

This is an appeal from a divorce that was initiated in 2010. In two issues, Appellant Kathleen J. Dickerson (Wife) complains that the trial court erred by denying her a jury trial, amending the divorce decree outside its plenary power, and failing to follow the mediated settlement agreement (MSA) that she entered into with Appellee Larry E. Dickerson (Husband). Husband did not file a brief.
1S... More...
   $0 (11-26-2014 - TX)

In re Marriage of CHARLES D. and CONNIE A. McHUGH

Appellant Charles D. McHugh filed an order to show cause asking the trial court to reduce his child support obligations because he lost his job as a commissioned salesman and his new job paid considerably less.1 In opposing Charles’s request, respondent Connie A. McHugh countered by asking the trial court to increase support because Charles lost his job for diverting business from his employer t... More...   $0 (11-26-2014 - CA)

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)

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