Marriage Law
 
Erik Garcia v. John M. Harding and Jane E. Harding-Aguirre, Individually and as Heirs of Mildred Harding, deceased

This appeal raises the question of whether a trial court can, without some type of proper notice, issue a judgment to enforce a “Rule 11” agreement which settles a case. Under the facts presented here, we conclude that a trial court cannot issue do so and reverse and remand the case for further proceedings.
FACTUAL AND PROCEDURAL SUMMARY
John and Jane Harding, individually and on behalf of

More...   $0 (06-07-2017 - TX)

In re Jennifer Durbin; Robert L. Gibbins, Jr.; Steve A. Gibbins; and Kyndal Wood

Relators Jennifer Durbin, Robert L. Gibbins Jr., Steve A. Gibbins, and Kyndal Wood
filed a petition for writ of mandamus asking this Court to direct the trial court to vacate or set aside
its orders denying the relators’ motions to compel discovery in a probate proceeding. See Tex. Gov’t
Code § 22.221; see also Tex. R. App. P. 52.1. At the same time, the relators filed a motion for

More...   $0 (06-17-2017 - TX)

STATE OF LOUISIANA V. MARK ANTHONY BROUSSARD Mark Anthony Broussard Convicted of Five Sexual Offenses

Between July 1, 1986, and September 6, 1988, the defendant, Mark Anthony Broussard, who was a priest in Lake Charles, Louisiana, had anal sexual intercourse with one of the altar boys in the church. The victim, J.A., was between eleven and twelve years old when the offenses occurred.1
Between September 6, 1988, and July 1, 1991, the defendant fondled the genitals of L.N., who was an altar boy.

More...   $0 (06-14-2017 - LA)

United States of America v. Irabphraim X. Underwood Sixth Circuit Court of Appeals Courthouse - Cincinnati, Ohio

Iraephraim Underwood appeals his conviction of one count of
crossing a state line with intent to engage in a sexual act with his step-granddaughter, a minor, in
violation of 18 U.S.C. § 2241(c), and one count of transporting his step-granddaughter in
No. 16-3548 United States v. Underwood Page 2
interstate commerce with the intent that such person engage in unlawful sexual activity

More...   $0 (06-14-2017 - OH)

Ira D. Willett, Jr. v. Maria Rodriguez

Ira D. Willett, Jr., acting pro se at this juncture,1 appeals from a final divorce decree
from the district court that ended his common-law marriage to Maria Rodriguez. In two issues,
Willett asserts that the district court erred or abused its discretion by (1) mischaracterizing certain
real property as community property rather than as his separate property, and (2) failing to reimbur

More...   $0 (06-02-2017 - tX)

Yascov Cohen v. Ocean Cohen United States Court of Appeals for the Eighth Circuit - St. Louis, Missoui

Yaccov Cohen appeals the district court’s1 denial of his petition for return of
a child under the Hague Convention on the Civil Aspects of International Child
Abduction (“Convention”), as implemented by the International Child Abduction
1The Honorable John A. Ross, United States District Judge for the Eastern
District of Missouri.

Remedies Act (“ICARA”), 22 U.S.C. §§ 9001-

More...   $0 (06-08-2017 - MO)

United States of America v. Brett J. Williamson

Brett Williamson was charged with and convicted of various child
pornography offenses. Prior to trial, it came to light that his defense counsel and
the prosecutor trying the case had a history together: they were divorced and
shared custody of their child. For that and numerous other reasons, Williamson
asked for new counsel, his third, but the district court denied his request. H

More...   $0 (06-07-2017 - KS)

Diana Fay Bass v. Richard H. Bass

Pro se appellant Diana Fay Bass appeals from a final decree of divorce incorporating the terms of a mediated settlement agreement (MSA). After she and appellee Richard H. Bass entered into the MSA, Diana sought to have the trial court set it aside. As we read Diana’s brief, she raises three issues: (1) the trial court erred in failing to revoke the MSA because it was procured by fraud and duress;

More...   $0 (06-06-2017 - TX)

In the Matter of Jane Doe, III

This is a parental rights termination and adoption case. John Doe I (“Father”) is incarcerated. The magistrate court held that it was in the best interest of Jane Doe III (“Child”) that Father’s rights be terminated so that John Doe II (“Stepfather”) may adopt her. We affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
Jane Doe II (“Mother”) and Father are the natural parents of Child. Mother and

More...   $0 (05-31-2017 - ID)

In re Kathleen M. Grant v. John D. Grant

This appeal pits the importance of finality in litigation against
the requisite for a full accounting of assets in a marital dissolution. Based on Washington
statutes and the Supreme Court's wisdom in Yeats v. Estate of Yeats, 90 Wn.2d 201, 580
P.2d 617 (1978), we side with an inclusive accounting. In this partition action, we
reverse the trial court's ruling that a dissolution dec

More...   $0 (05-23-2017 - WA)

In the Matter of the Marriage of Cynthia R. SKINNER

Wife appeals a general judgment of dissolution,
raising two assignments of error. In her first assignment
of error, wife argues that the trial court erred in its award
of spousal maintenance support; wife raises two arguments
concerning the amount and timing of the award. In
her second assignment of error, wife argues that the trial
court erred in setting child support base

More...   $0 (06-01-2017 - OR)

Li Guan v. Yongmei Hu

Defendant Yongmei Hu (Hu) appeals from a judgment
entered in favor of plaintiff Li Guan (Guan). Guan initially
sued Hu for breach of a contract. However, several months
before trial, the trial court dismissed the breach of contract
claim with prejudice. As a result, Guan proceeded to trial on
various fraud-based claims (e.g., rescission, cancellation, and
fraud in the induc

More...   $0 (06-04-2017 - CA)

Fredrick Mahan v. Charles W. Chan Insurance Agency, Inc.

In this appeal we consider whether two plaintiffs, 86-year-old Frederick Mahan
(Fred) and his 79-year-old wife Martha Mahan (Martha)1
have stated a viable claim under
the Elder Abuse and Dependent Adult Civil Protection Act (the Elder Abuse Act or the
Act)
2
against Charles W. Chan (Chan), the Charles W. Chan Insurance Agency, Inc. (the
Chan Agency), Omar Kaddoura (Kadd

More...   $0 (06-03-2017 - CA)

In the Matter of Erika Antoinette Kennedy and Marcus Dewon Sallis

Appellant Marcus Dewon Sallis appeals a protective order issued in favor of E.A.K., his
ex-girlfriend and mother of their son. In two issues, appellant contends (1) there is factually
insufficient evidence to support a finding he was likely to commit family violence in the future
and (2) the protective order exceeds the scope of allowable statutory protections by including a
provis

More...   $0 (06-01-2017 - TX)

Justin V. Haynes v. Alicia Bryan Haynes

Justin V. Haynes appeals the trial court’s judgment awarding Alicia Bryan Haynes’s indemnity under the parties’ post-nuptial agreement. We affirm in part and reverse in part.
BACKGROUND
Justin and Alicia married in March 2003. A year later, they executed a post-nuptial contract called the Marital Agreement. In theMarital Agreement, Justin and Alicia agreed that, in the event of a dissoluti

More...   $0 (05-31-2017 - TX)

Rahmatullah Basha Syed v. Khadija Masihuddin

Appellant, Rahmatullah Basha Syed, appeals the trial court’s final decree of divorce terminating his marriage to appellee, Khadija Masihuddin. In three issues, Syed challenges the portion of the trial court’s decree finding that deviating from the standard possession order was in his minor children’s best interest and ordering
2
that he have possession of or access to the children on the S

More...   $0 (05-18-2017 - TX)

STATE OF OHIO v. JASON G. SWISHER Sex Offender Officer Brett Bethel of Fostoria Police Department testifies during Jason G. Swisher’s trial in Seneca County Common Pleas Court

On March 2, 2016, Swisher was indicted for Rape in violation of R.C.
2907.02(A)(2), a felony of the first degree. Swisher pled not guilty to the charge
and his case proceeded to a jury trial, which was held November 7-8, 2016.
{¶3} At trial, the State presented the testimony of nine witnesses including
the alleged victim, S.B., who was 14 years old when the sexual assault occ

More...   $0 (05-31-2017 - OH)

Timothy L. Gransbury v. State of Indiana On April 21, Timothy L. Gransbury was found guilty by a jury of one count of class A felony Child Molestation

Gransbury married Kellie in 2008. Kellie and Gransbury have two daughters:
M.G., born September 21, 2008, and S.G., born September 25, 2010
(collectively, “Children”). Before marrying Kellie, Gransbury served in the
Navy for twenty years, was married twice, and has two adult sons from his
second marriage. During his marriage to Kellie, Gransbury worked as a semi
truck-dr

More...   $0 (05-29-2017 - IN)

STATE OF IOWA vs. EDDIE LAMONT VIRGIL Iowa Supreme Court

The jury could find the following facts from the evidence at trial. The defendant, Eddie Virgil, and the victim, N.J., age twenty-three, began a romantic relationship in late 2013 that included sexual intimacy. N.J. was an unemployed mother living in a house in Waterloo with her four children, none fathered by Virgil. Virgil assaulted N.J. in May 2014. N.J. broke off her relationship with Virg

More...   $0 (05-29-2017 - IA)

State of Louisiana v. Peter Haley State of Louisiana Court of Appeal, Second Circuit (Shreveport)

On August 24, 2011, William Tuggle, supervising agent at the
Louisiana Department of Corrections Division of Probation and Parole,
received a voicemail message from an anonymous male caller indicating that
Haley had been sending inappropriate text messages of a sexual nature to the
caller’s mother. The caller indicated that the matter was serious enough that
he and his mo

More...   $0 (05-28-2017 - LA)

California Fair Plan Association v. Garnes

In 2011, Marlene Garnes’s family home in Richmond, California was seriously
damaged by a kitchen fire. She had purchased a fire insurance policy for the property,
with a policy limit of $425,000 (the Policy), from California FAIR Plan Association
(FAIR), California’s insurer of last resort. The dispute in this case and the issue on
appeal is how much coverage Garnes is entitled to

More...   $0 (05-27-2017 - CA)

In the Matter of the Marriage of John N. Hoffman and Marlees Ravenscroft Hoffman

Wife appeals from a dissolution of marriage judgment,
assigning error to the trial court’s custody and spousal
support determinations, as well as the court’s award of
attorney fees to husband. We affirm the custody and spousal
support awards without further discussion. We write only to
address the attorney fee issue, and vacate and remand.
The relevant facts are mostly proc

More...   $0 (05-24-2017 - OR)

Tammy Fisher v. Brian Koopman

After an investigation spearheaded by Detective Brian Koopman, the Loveland
Police Department (the “Department”) accused former police officer Tammy Fisher
of alerting friends to a child pornography investigation—allowing the friends to
delete files from their computer’s hard drive before the police executed a search
warrant. The Department ultimately decided not to pursue any off

More...   $0 (05-23-2017 - CO)

State of Tennessee v. Bruce Wayne Sutton

On June 19, 2013, officers with the Lincoln County Sheriff’s Department conducted a warrantless search of a residence on Village Park Drive in Fayetteville, Tennessee. As a result of evidence discovered during that search, Defendant was indicted by the Lincoln County Grand Jury of one count of initiating a process to manufacture methamphetamine, one count of promotion of methamphetamine manufactu

More...   $0 (05-23-2017 - TN)

Joan Johnson, Kaleta Johnson, Seth Johnson and Wirt Blaffer v. Michael Phillips, Spindle Top Publishing, and Phillips Akers Womac, P.C.

After siblings Kaleta and Seth Johnson sued Dinesh Shah for Shah’s protracted abuse of their family, Michael Phillips, a Houston attorney, defended Shah against the allegations in a 2008 civil trial. Phillips later published a book,
titled “Monster in River Oaks,” about the events giving rise to the suit. According to its prologue, the book tells the “story of a predatory monster that set out

More...   $0 (05-23-2017 - TX)

Next Page

Find a Lawyer
Find a Case
AK Morlan
Kent Morlan, Esq.
Editor & Publisher