Marriage Law
 
Julianne R. Schenkelberg v. Gary W. Schenkelberg

On further review, a spouse asks us to determine the validity of a premarital agreement, the fairness of a property settlement, the sufficiency of the spousal support, and the denial of expert fees incurred by a spouse’s attorney in preparation of the case for trial. The court of appeals affirmed the district court decision upholding the premarital agreement, the property settlement, and th

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Francis A. Currier v. Betty May Currier

We reverse that portion of the final judgment of dissolution of marriage awarding the former wife permanent periodic alimony because the record does not contain competent, substantial evidence of the former husband's ability to pay such an award. Morales v. Morales, 697 So. 2d 1311 (Fla. 3d DCA 1997). We also reverse the corresponding restriction on the former husband's guardian's access to his Ba

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Jean Barboni v. Fred Tuomi

Plaintiff Jean Barboni appeals a jury verdict in favor of defendants Fred and Linda Tuomi in this slip and fall premises liability case. She argues the trial court erroneously denied her motion for new trial based on juror misconduct, asserting that the jury wrongfully considered evidence of liability insurance against the court‟s instructions. We conclude the trial court properly considered

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In re Marriage of Jeffrey and Andrea Barth

If ever there was a case where the adage “be careful what you wish for”1 applied, this is surely it. Appellant Jeffrey Barth spent years resisting Andrea Barth‟s2 attempt to litigate their divorce and child custody issues in Ohio, going as far as appealing to the Ohio Supreme Court. That court agreed with Jeffrey and concluded the Ohio courts lacked jurisdiction because Andrea ha

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Keith Fullington v. EQuilon Enterprises, LLC

This appeal arises out of one of a series of suits between defendant Equilon Enterprises LLC (Equilon) and plaintiff Keith Fullington (Fullington), a former Equilon franchisee. Fullington appeals the summary adjudication for Equilon of causes of action for fraud and violation of Business and Professions Code section 21148. We reverse.

FACTUAL BACKGROUND

I. Prior Litigation Between th

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Edwin Smith, LLC v. Synergy Operating, LLC

{1} “There is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of property.” 2 William Blackstone, Commentaries on the Laws of England 2 (Univ. of Chicago Press ed. 1979) (1766). The property that has captured the affections of the litigants in this case is a parcel of land located in San Juan County with productive oil and gas wel

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Rhonda H. Malloy v. Mary Beth Malloy

¶1 Rhonda H. Malloy (Plaintiff) appeals from the district court’s Order Granting Summary Judgment, which dismissed Plaintiff’s claim to the proceeds from a life insurance policy insuring her deceased husband, Dan Malloy (Husband). We affirm the district court’s order.

¶2 Husband married appellee Mary Beth Malloy (Defendant) in July 1989.1 In August 1989, Husband

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Russell Peterson v. Laura Knight Peterson

This case comes before this Court on an appeal from a magistrate court’s determination on custody and visitation of minor children in a divorce proceeding. In a memorandum decision, the magistrate court awarded the parties joint legal custody of the children, with primary physical custody awarded to the mother. The father, Russell Peterson (Russell), alleges on appeal that the magistrate co

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Idaho Department of Health & Welfare v. Barbara K. McCormick

This appeal arises from a claim filed by the Idaho Department of Health and Welfare (the Department) in the probate proceeding of George D. Perry, the deceased spouse of a Medicaid recipient, Martha J. Perry. The Department sought to recover funds under I.C. § 56-218 from the sale of the couple’s home—their only significant asset—to recoup Medicaid benefits paid to Martha d

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Cynthia R. Morton v. Ronald E. Morton

2 Husband appeals a judgment of dissolution, challenging the trial court's
3 spousal support award to wife and its division of the parties' property and debts. We
4 reject his challenge to the spousal support award without discussion and write only to
5 address the division of the property and debts. We conclude that the trial court acted
6 within its discretion in making the divis

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In the Matter of T.J.

¶1 Appellant Ladine Jeremiah (Mother) appeals an order terminating her parental rights to her minor children, T.J., R.D., R.D., and T.D., based upon unanimous jury verdicts each of which found Mother "failed to correct the conditions that led to the finding that a child is deprived pursuant to 10A O.S. § 1-4-904(B)(5)." We REVERSE and REMAND the order.

FACTS

¶2 In 1997, Moth

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In Re Marriage of Rip Garcia and Lana Garcia

¶1 A Decree of Divorce entered August 1, 2008, granted the parties a divorce and awarded the appellee (Mother) $24,480.00 in support alimony, to be paid at the rate of $340.00 per month for a period of seventy-two months, and awarded child support in the amount of $1,058.85 per month. The award was based on the appellant's income of $5,021.00 per month as a school principal in the Allen Public

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Jimmy O. Bailey v. Christy Hoover Thompson

Appellant Jimmy O. Bailey appeals the trial court’s judgment establishing that an informal marriage1 existed between Jimmy and appellee Christy Hoover Thompson. Jimmy also challenges the trial court’s property division. Jimmy contends that the “trial court abused its discretion because the evidence is factually and legally insufficient to establish that Jimmy and Christy had an

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Jane Rivera a/d/a Jane Clayton v. Arthur Rivera

Jane Rivera a/k/a Jane Clayton files this restricted appeal challenging the trial court’s order granting a petition for enforcement with regard to a final divorce decree. Jane contends: (1) the trial court lacked plenary power to enter the order; and (2) the order included an award for unliquidated damages in the absence of any evidence to support the award. Arthur responded to Jane’

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In re the Marriage of Brenda J. Cornwell and Douglas R. Cornwell

Douglas Cornwell appeals and Brenda Cornwell cross-appeals the provisions of the decree dissolving their marriage. Doug asserts the district court erred in (1) failing to grant him more visitation with the children, (2) inadequately accounting for the assets he owned prior to the marriage in the division of property, and (3) awarding an excessive amount of alimony. Brenda cross-appeals contending

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Clarke County State Bank v. Josh Reel

After obtaining a monetary judgment against Josh Reel (a Florida resident) in Iowa district court, Clark County State Bank garnished Reel’s retirement account held in Iowa by Charles Schwab & Co. Reel filed a motion to quash the garnishment claiming his retirement account was exempt from garnishment under both Iowa and Florida law. The trial court denied Reel’s motion, citing the exp

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Becky Gibson v. Jeffery P. Gibson

Becky Gibson timely appeals from an Amended Final Judgment of Dissolution of Marriage. She raises two points on appeal, and we agree with her as to both. First, we agree that the trial court erred in failing to address Appellant's request for permanent periodic alimony. At a preliminary hearing, the trial court found that the marriage was a long term marriage and that Appellant had a need for and

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Sylvia Yolanda Arredondo v. Antonio A. Betancourt, Jr.

Sylvia Yolanda Arredondo appeals the trial court‘s May 31, 2011 order granting Antonio A. Betancourt, Jr.‘s petition to modify the parent-child relationship. We affirm the judgment as modified.

I

Sylvia and Antonio married in January 2001, and Sylvia gave birth to their son in April of that year. The couple divorced in September 2002. In their agreed divorce decree, Sylvi

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Trinidad Kierulf Klene v. Janet Napolitano

An alien (Trinidad Kierulf Klene, of the Philippines) applied for citizenship. United States Citizenship and Immigration Services (“the agency”) denied the application after concluding that Klene’s marriage to a U.S. citizen had been fraudulent.

Klene promptly asked a district court for relief under 8 U.S.C. §1421(c), which allows a judge to make an independent decisio

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Sands & Associates v. Martin Juknavorian

In 1990, Attorneys Leonard Sands and Heleni Suydam began working together in the area of civil litigation. In March 1999, the law firm of Sands & Associates (Sands firm or firm) was established by Attorney Ada Sands, who, for many years, had been practicing in the areas of family law and estate and probate law. When the Sands firm was founded, Leonard Sands and Heleni Suydam became affiliated with

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In The Matter of the Marriage of Peter N. Christodolou and Keli Ann Christodolou

Sometimes you try to do right, but the law gets in the way. This is one of those times.

We reverse in part and remand.

Keli and Peter Christodolou divorced each other in November of 2011 after being married for approximately eight years. Early in the marriage, they obtained a $201,000 unsecured loan from Peter’s father (Nicholas) to buy a house and agreed to repay the sum

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Caroline Beard v. Miguel Uriostegui

Caroline Beard challenges the trial court’s default judgment on restricted appeal. The trial court granted Miguel Uriostegui’s petition to modify custody and child support with regard to one of Beard’s and Uriostegui’s children. Beard argues that the letter she sent to the trial court in response to service of Uriostegui’s petition should be considered an answer,

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Christopher Leon Franklin v. Donna D. Patterson-Franklin n/k/a Donna A. Patterson

Christopher Leon Franklin (the Former Husband) challenges a qualified domestic relations order (QDRO) distributing a share of his employee stock ownership plan (ESOP) to Donna D. Patterson-Franklin, n/k/a Donna D. Patterson (the Former Wife). There is no cross-appeal. Although the circuit court's calculation of the Former Wife's distributive share of the Former Husband's ESOP is not correct, the F

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Mary Berzins v. David Berzins

In this certified appeal,1 we consider certain remedies available to the trial court to address litigation misconduct and we clarify the scope of our holding in Ramin v. Ramin, 281 Conn. 324, 351, 915 A.2d 790 (2007). Daniel King, the substitute defendant and administrator of the estate of David Berzins (administrator), appeals from the judgment of the Appellate Court affirming the trial courtâ

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In The Matter of T.J.; R.D.; and T.D., Deprived Children

¶1 Appellant Ladine Jeremiah (Mother) appeals an order terminating her parental rights to her minor children, T.J., R.D., R.D., and T.D., based upon unanimous jury verdicts each of which found Mother "failed to correct the conditions that led to the finding that a child is deprived pursuant to 10A O.S. § 1-4-904(B)(5)." We REVERSE and REMAND the order.

FACTS

¶2 In 1997, Moth

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