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Divorce Law
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.
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.
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)

Susan Latta v. C.L. Otter, "Butch"; Governor of the State of Idaho

Both Idaho and Nevada have passed statutes and enacted constitutional
amendments preventing same-sex couples from marrying and refusing to recognize
same-sex marriages validly performed elsewhere.2 Plaintiffs, same-sex couples
1A disposition in Jackson v. Abercrombie, Nos. 12-16995 & 12-16998, is
forthcoming separately.
2Idaho Const. Art. III, § 28 (“A marriage between a man... More...
   $0 (10-07-2014 - ID)

David Eron Bouknight v. Cynthia Dianne Bouknight

David Eron Bouknight appeals from a final judgment approving the final accounting of the proceeds from the sale of a pickup truck. The pickup was the sole property awarded David in the final decree of divorce entered in this case. David’s points of error are overruled, and the judgment of the trial court is affirmed.
I. Background
David had been married to Cynthia Dianne Bouknight for ov... More...
   $0 (10-02-2014 - TX)

In re ERNESTO R., A Person Coming Under the Juvenile Court Law.

An attorney in a dependency case has no obligation to file a futile Welfare and Institutions Code section 388 petition to modify an existing order.1 The decision not to do so is not a "failure" within the meaning of ineffective assistance of counsel jurisprudence. Use of the word "failure" carries the connotation of deficiency or negligence i.e., not doing something that should have been done.
... More...
   $0 (10-01-2014 - CA)

The People v. Duwan D. Fields

A jury convicted defendants Duwan D. Fields and Claudiens Santrail Griffin of eight counts of pimping, pandering, and committing sexual offenses against minors. Defendants contend their convictions must be reversed due to asserted instructional errors. Griffin further contends his conviction for oral copulation with a minor is not supported by substantial evidence and his felony sentence for the o... More...   $0 (09-30-2014 - CA)

Kings River Trail Association, Inc. v. Pinehurst Trail Holdings, L.L.C.

property on which golf courses and undeveloped acreage were located, on one side, and owners of nearby homes and two homeowners’ associations on the other side. In the appeal by the homeowners’ associations, we address whether the trial court erred in granting summary judgment as to the associations’ claims that they adversely possessed certain biking and hiking trails. We also determine whe... More...   $0 (09-25-2014 - TX)

Robert K. Cook, II v. Tanya A. Bowen

¶1 Plaintiff/Appellant, Robert K. Cook, II (Cook), seeks review of the trial court's order dismissing his action against Defendant/Appellee, Tanya A. Bowen (Bowen), for an accounting, unjust enrichment and breach of fiduciary duty. Cook also appeals from the trial court's denial of his motion for a temporary injunction. Cook and Bowen are also parties to a dissolution of common law marriage proce... More...   $0 (09-23-2014 - OK)

Michael H. Brady v. Patti W. Brady

¶1 Respondent/Appellant Patti W. Brady (Wife) appeals the trial court's order granting the Motion to Correct Decree Nunc Pro Tunc filed on behalf of Michael H. Brady (Husband). The Decree of Dissolution of Marriage ("Decree") was entered June 27, 2011, and the Agreement Incident to Dissolution of Marriage ("Agreement"), incorporated by reference into the Decree, was signed by Wife and Husband Jun... More...   $0 (09-23-2014 - OK)

Maj. Shannon L. McLaughlin v. Chuck Hagel

The plaintiffs ("McLaughlin
Group"), who prevailed in a constitutional challenge to Section 3
of the Defense of Marriage Act ("DOMA"), 1 U.S.C. § 7, appeal from
the district court's denial of fees and costs under the Equal
Access to Justice Act ("EAJA"), 28 U.S.C. §§ 2412(a)(1) & (d).
Whether prevailing parties who successfully challenged Section 3 of
DOMA are entitled t... More...
   $0 (09-23-2014 - MA)

The People v. Rudy Francisco de la Rosa

Defendant Rudy Francisco De La Rosa appeals from an order committing him to the trial competency program at Napa State Hospital pursuant to Penal Code1 section 1370.2 He contends insufficient evidence supports the finding that he was not
1 Undesignated statutory references are to the Penal Code.
2 The commitment order is appealable. (People v. Fields (1965) 62 Cal.2d 538, 540-541; People v... More...
   $0 (09-18-2014 - CA)

In the matter of the Marriage of Billy Coppedge and Linda Coppedge

Billy Coppedge appeals the trial court’s final decree of divorce in which the trial court dissolved his marriage to Linda Coppedge and divided the couple’s assets based on a mediated settlement agreement signed by both parties. We affirm.
I. Background Facts
Billy Coppedge (Appellant) and Linda Coppedge (Appellee) married on December 16, 1976. On January 20, 2012, Appellant filed a pet... More...
   $0 (09-18-2014 - TX)

Quran Bryant, Stephen A. Barfield, and Grace Everett v. Dennis J. Cady, Ind. and as Trustee of the Dennis J. Cady Living Trust d/b/a Cady Enterprises

Certain executory contracts for conveyance of Texas real estate that is used or is to be used as the purchaser’s residence or the residence of certain relatives of the purchaser are statutorily regulated. See TEX. PROP. CODE ANN. §§ 5.061–.085 (West 2004 & Supp. 2014); see also Morton v. Nguyen, 412 S.W.3d 506, 507 (Tex. 2013). Sellers under covered contracts must, among other things, provid... More...   $0 (09-18-2014 - TX)

Gayla Grass v. William M. Grass, Stacy A. Morris and Angelia Palmer

1. That Plaintiff and William M. Grass were married on or about January 8,2001, and resided in Tulsa County, Oklahoma, as husband and wife.
2. That on or about September 13,2004, Defendant William M. Grass obtained title to the following real estate, commonly known as 4813 S 86 B Avenue, Tulsa OK, legally described as Lot 52, Block 3, Regency Park West Addition, Tulsa County, State of Oklahoma... More...
   $0 (09-15-2014 - OK)

Rebecca Lynn Bazilewich v. Troy Matthew Bazilewich

¶1 Appellant, Troy Bazilewich (Father), seeks review of the trial court's order of modification of child support, issued March 4, 2013, wherein Father sought visitation with the minor child and a correct accounting of child support arrearage. In its order, the trial court maintained custody with the child's mother, Rebecca Pennington (formerly Bazilewich), increased Father's child support payment... More...   $0 (09-14-2014 - OK)

Ananda Kelkar v. Mary B. Kelkar

Family Code section 4325 establishes a rebuttable presumption against an award of spousal support to a spouse who has been convicted of an act of domestic violence against the other spouse.1 Here we must determine whether the family court erred in terminating spousal support to a wife where the wife pleaded no contest to and was convicted of an act of domestic violence before enactment of section ... More...   $0 (09-10-2014 - CA)

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