In these consolidated appeals, William Hammesfahr, the Former Husband, challenges the following orders of the trial court: the order denying his petition for a downward modification of the alimony and child support obligations he owes to Gina Hammesfahr, the Former Wife; the order finding him in contempt for failure to pay his support obligations; and the order granting the Former Wife's attorney'

Lindsey Blackburn, the Former Wife, challenges the final judgment of dissolution of her marriage to Matthew Blackburn, the Former Husband, in which the trial court denied her exceptions to the recommended order of the magistrate and adopted the magistrate's recommendations. Because the final judgment adopting the recommendations of the magistrate erroneously waives the statutory requirement that t

In two issues, Appellant Gilda M. Brawley appeals from a judgment awarding Appellee Cherri Huddleston receivership fees. We will reverse and render judgment in favor of Gilda.

Gilda and her husband, Samuel Brawley, were involved in divorce proceedings when on June 2, 2009, the trial court appointed Huddleston receiver of a property owned by the Brawleys. Huddleston’s primary responsi

At issue in this appeal is whether the trial court impermissibly deviated from the parties’ mediated settlement agreement in rendering a domestic relations order. Two provisions related to military retirement benefits are in dispute—the husband’s pay grade and whether the “high-36 month retired pay” is to be determined on the date of the husband’s retirement

This appeal concerns rights to groundwater contained in the Santa Maria Valley Groundwater Basin (Basin). The Basin suffered severe water shortages beginning around the 1930‟s but the importation of water from outside the watershed and the local City of Santa Maria et al. v. Richard E. Adam et al., Golden State Water Company et al. (No. H033544); City of Santa Maria et al. v. Richard E. Adam

Dwayne Gilbreath and Patsy Gilbreath appeal the trial court’s summary judgment entered in favor of Pat Birmingham. In three issues, the Gilbreaths argue that the trial court erred in granting summary judgment in Birmingham’s favor, awarding damages, and awarding attorney’s fees. We reverse and render.

BACKGROUND

J.W. Steed was married to Mattie Steed. During thei

Iain Walker, a citizen of Australia, filed this suit under the International Child Abduction Remedies Act (ICARA), 42 U.S.C. § 11601 et seq., in an effort to compel his wife, Norene, a citizen of the United States, to return the couple’s three children to Australia.

ICARA implements the Hague Convention on

This case grows out of an avoidable tragedy. Ann and Greg Elwell were in the process of adopting T.S., a young boy who had been in their care almost his entire life.

But approximately one month after a complaint of emotional abuse of another child in the Elwells’ care—which all parties agree did not raise concerns for T.S.’s safety or welfare and was subsequently deem

Karen LaFevers ("Plaintiff") brought a medical negligence action against Pierre L. Clothiaux, M.D., and Ferrell-Duncan Clinic, Inc. ("Defendants") which claimed Plaintiff was damaged by Dr. Clothiaux's negligent performance of a surgical procedure on her knee.

The case was tried to a jury, which returned a verdict in favor of Defendants. The trial court then entered judgment in accordance

The issue presented by this appeal is whether the trial court had the authority to enter a judgment awarding attorney’s fees to plaintiffs, pursuant to § 537.528, after they voluntarily dismissed their lawsuit without prejudice pursuant to Rule 67.02(a).1 We conclude that the answer to that question is “no.” Because the judgment was entered without authority, it is invalid an

Cindy Al-Hawarey (“Mother”) appeals from the judgment of the trial court dismissing her motion to modify a child custody order entered in the State of Illinois. Mother suggests the trial court erred in granting the motion to dismiss her motion to modify filed by Sherif Al- Hawarey (“Father”). Mother asserts that her motion to modify sufficiently pleaded facts that, when tak

John Kohl ("Father") appeals from a judgment entered in the Circuit Court of Cole County granting Jill Kohl's ("Mother") motion to modify child support. For the following reasons, the appeal is dismissed, and the case is remanded for further proceedings. Father and Mother were married on November 21, 1992. Four children were born of the marriage.

On May 26, 2005, the circuit court entered i

Patricia Edgar (Mother) appeals a final judgment granting her former husband’s (Father’s) motion for contempt and his amended petition to modify their parenting plan and child support obligations. We affirm in part, reverse in part, and remand for further proceedings.

I. Procedural History

The parties were married in 1996. They had four children at the time of their div

Bernard R. Perez (the Husband) appeals the trial court's order that awarded Carmen Perez (the Wife) a portion of the attorney's fees and costs she incurred during the parties' dissolution case. The Wife cross-appeals, arguing that the trial court abused its discretion by not awarding her a greater portion of the fees and costs she incurred. Because neither the record on appeal nor the amended fina

This case concerns an advertising display the California Department of Transportation (Caltrans) found was in violation of the Outdoor Advertising Act, Business and Professions Code section 5200, et seq. (the Act).1 The owner of the display, West Washington Properties, LLC (West Washington), argued equitable estoppel and laches barred the agency from enforcing the Act, or formed the basis of an in

Crystal Morgan, Karla Sylvester and Janay Famous (plaintiffs or appellants) filed this lawsuit against their former employer Wet Seal, Inc. and Wet Seal Retail, Inc. (Wet Seal). Plaintiffs alleged that Wet Seal violated California law by requiring employees to (1) purchase Wet Seal clothing and merchandise as a condition of employment and (2) travel between Wet Seal business locations without reim

This appeal follows a second order of dismissal for want of prosecution in Cleveland Green, III's suit for divorce. Green contends, as he did in his appeal of the trial court's first order of dismissal, that the trial court erred in dismissing his case without allowing him to appear at the dismissal hearing either in person or by alternative means. We sustained Green's issues in his first appeal a

The defendants have filed interlocutory appeals from an order of the district court granting a preliminary injunction in favor of plaintiff, an association of individual members of the Fundamentalist Church of Jesus Christ of Latter-Day Saints and beneficiaries of a charitable religious trust (“FLDS Association”). After granting the defendants’ motion for an emergency stay pendi

It is settled that when a development project is approved by means of a ballot initiative placed on the ballot by voters and adopted by them in an election, the project is exempt from environmental review under the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (CEQA). (See CEQA Guidelines, § 15378 (b)1.) In this case, real parties in interest Wal-Mart Stores, In

In this appeal from an order clarifying a provision in a 1977 divorce decree, appellant Nana C. Graham contends that the decree contains a clerical error, and that the trial court erred in failing to issue a clarifying order in accordance with a docket-sheet entry made at the time of trial. Because the clarifying order implements the terms of the final decree, which has not been clearly shown to c

Based on a mediated settlement agreement, the trial court entered a final decree of divorce. Appellant, Thomas Lloyd Levisay, asserts that the trial court abused its discretion in denying Levisay’s motion for new trial because (1) the trial court granted Joy Elice Ferguson a default judgment when Levisay had filed an answer and (2) the evidence was legally and factually insufficient to d

A time worn proverb teaches that "Hell hath no fury like a woman scorned." Much the same dynamic can be in play when, as in this case, a corporation abruptly cashiers a member of senior management who believes that he deserves better.

In this instance the denouement prompted a suit for age discrimination and retaliation. After a protracted trial, the jury found the employer guilty

Gerard Prinster (Husband) appeals the judgment entered by the Circuit Court of St. Louis County dissolving his marriage to Susan Bowman (Wife). Husband claims the trial court erred in: (1) permitting his attorneys to withdraw and denying his motion for a continuance; (2) relying on incompetent testimony and stale appraisals in valuing the parties’ real estate; (3) determining that the home

At issue in this case is the right to control nine parking spaces

located in the courtyard at the main entrance of the Bellevue Pacific Tower

Condominium. The trial court properly granted partial summary judgment to

Bellevue Pacific Center Limited Partnership (LP), dismissing with prejudice the

counterclaims of the Bellevue Pacific Tower Condominium Owners A

A child’s estate appeals a summary judgment ruling concluding a medical malpractice action was not timely filed.

I. Background Facts and Proceedings

The record reveals the following undisputed facts. See Iowa R. Civ. P. 1.981(3) (requiring summary judgment movant to show the absence of any genuine issue of material fact). In 2008, the parents of a one-year-old child took him t