Marriage Law
 
Thor E. Polcz v. Irma Eniko Polcz

In this post-judgment dissolution of marriage case, the former husband appeals and the former wife cross-appeals an order granting the former husband’s petition for modification of alimony. We find that one meritorious issue is raised: within the modification order, the amount of alimony arrearages purportedly owed is inconsistent with the findings regarding the amount of alimony paid. We t

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Glenda Martinez v. The Guardianship of J. Alan Smith

Glenda Martinez appeals an order appointing professional guardian John Cramer as plenary guardian for her husband, Alan Smith (“ward”). She maintains that the trial court erred in failing to apply the statutory presumption of section 744.3045(4), Florida Statutes (2012), where the ward had given her power-of-attorney and appointed her as his preneed guardian and health care surrogate.

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Demetra F. Blinn v. Patricia A. Carlman and Brian Blinn

The final judgment invalidating the April 2, 2008 will based on undue influence is supported by substantial competent evidence and, thus, we affirm. Hendershaw v. Estate of Hendershaw, 763 So. 2d 482, 483 (Fla. 4th DCA 2000) (“The probate court’s findings in a will contest shall not be overturned where there is substantial competent evidence to support those findings, unless the proba

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Estate Land Company, Aaron Wiese, and Kamal Banani (Bannan) v. Anthony Wiese

In eleven issues, appellants, Estate Land Company, Aaron Wiese, and
Kamal Banani, complain the trial court lacked jurisdiction to sign a final judgment,
and that there is insufficient evidence to support the judgment. We affirm.
I. BACKGROUND
In 1999, Aaron Wiese (“Aaron”) and his brother, Anthony (“Tony”) Wiese,
purchased three properties in Houston, Te

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Gregory A. Kobe v. Patty L. Kobe

The former husband appeals from a final judgment of dissolution of marriage. He raises a number of issues concerning the award of permanent periodic alimony to the former wife before and after the sale of the marital home. The former wife raises a number of issues on cross-appeal. We find that the only
issues having merit concern the trial court’s determination of the former wifeâ€

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Melissa Foster v. Vernon McDowell

¶1 In this paternity action, Respondent/Appellant, Vernon McDowell, appeals from the trial court's decree of paternity and its order denying his motion to vacate the decree of paternity. Appellant admitted to the trial court that he is the putative father of the minor child, R.D.P. Based on that admission, we cannot find the trial court exceeded its jurisdiction in decreeing Appellant's paterni

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Marvalyn Decambre v. Rady Children's Hospital-San Diego

Marvalyn DeCambre, M.D., appeals a judgment entered after the trial court granted special motions to strike pursuant to Code of Civil Procedure section 425.161 brought by defendants Rady Children's Hospital-San Diego (RCHSD), Children's Specialist San Diego (CSSD) and the Regents of the University of California (Regents) (collectively, defendants), and also sustained defendants' demurrers to certa

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Cynthia McGarvey v. Robert McGarvey

Cynthia McGarvey, the former wife, appeals the final judgment dissolving her
marriage to Robert McGarvey, the former husband. She argues that the trial court erred
in ruling on timesharing, child support, and attorney’s fees. We agree that the trial court
erred in ruling on timesharing and, as a result, the child support may need to be
2
recalculated. We find no error in

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Eduardo Fajardo Solache v. Gabriela Lara Ibarra

In this consolidated appeal, Eduardo Fajardo Solache (“former husband”)
seeks review of a final judgment of dissolution of marriage and a post-judgment
order finding him in indirect civil contempt for his failure to pay alimony and child
support as ordered in the dissolution proceedings.
With one exception, we find no merit in the issues raised by former husband
reg

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In the Interest of T.R.L. and C.J.L., Children

Appellants K.L. and J.R.L. each challenge the trial court’s order of termination of
their parental rights to T.R.L. and C.J.L. We will affirm.
In a proceeding to terminate the parent-child relationship brought under section
161.001 of the Family Code, the Department must establish by clear and convincing
evidence two elements: (1) one or more acts or omissions enumerated und

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James Wimpy v. Motel 6 Operating, L.P.

This is an appeal from the grant of a summary judgment in a premises liability case. James Wimpy, Appellant here and plaintiff at the trial court, failed to file a response to a no-evidence and traditional motion for summary judgment advanced by Motel 6. We are asked to consider whether Wimpy received adequate notice of the summary judgment hearing, and whether the trial court abused its discretio

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In re Marriage of Rifkin & Carty

This appeal arises from a long and contentious child custody dispute between appellant Richard Rifkin (Father) and respondent Kimberly Carty (Mother).1 In September 2012, the family court issued an order declaring Father a vexatious litigant and prohibiting him from filing any new litigation in propria persona without first obtaining leave of court (the prefiling order), and ordered him to pay som

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State of Texas v. Thomas Lee Anderson

Victoria, TX - The State of Texas charged Thomas Lee Anderson, age 32, with second-degree assault with a dangerous weapon for stabbing William Tyler Shaffer, age 22, during an altercation at a party on September 22, 2013.

Anderson claimed self defense claiming that Shaffer was carrying a gun.

Title 5 Texas Code Section 22.01 provides:

Sec. 22.01. ASSAULT. (a) A person co

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Dudley McAfee v. Monte Glen Yancey

In two issues, appellant Dudley McAfee appeals the trial court’s final protective order, contending that the evidence is legally and factually insufficient to support it. We affirm.
1See Tex. R. App. P. 47.4.
2
Background Facts2
Appellant has a romantic relationship with Karie Carr. Carr and appellee Monte Glen Yancey previously dated each other. Their relationship produced

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Svetlana M. Seay v. Darren John Seay

[¶1] Darren Seay appeals from a district court judgment granting Svetlana Seay's motion to move with the parties' minor child out of North Dakota and denying his motion to modify primary residential responsibility. We reverse and remand for findings on the best interest factors.

I

[¶2] The parties married in June 2004 and divorced in September 2011. After a trial, Svetlana

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United States of America v. Abid Naseer

Brooklyn, NY - Following a two-week trial, Abid Naseer, 28, a Pakistani national who joined al-Qaeda and plotted to commit a terrorist attack in the United Kingdom, was found guilty by a jury in Brooklyn federal court of providing material support to al-Qaeda, conspiring to provide material support to al-Qaeda, and conspiring to use a destructive device in relation to a crime of violence. The evi

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Hilary Beth Candland Firmage fka Hilary Snow v. Howard Hunter Snow

This case was brought before the magistrate court as a request for modification of the child custody arrangement of the parties’ four children, in which Hilary Firmage sought sole custody and permission to relocate. The parties orally stipulated to resolve the custody matter in favor of the future recommendations that would result from a child custody evaluation that was ongoing at that tim

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Sam Prach vs. Darman (Prach) Westberg

Ms. Darman Westberg (“Mother”) appeals the judgment of the Circuit Court of Boone County, Missouri (“trial court”), denying Mother’s motion to modify the judgment of dissolution of marriage between Mother and Mr. Sam Prach (“Father”). Specifically, Mother sought to modify the terms of the parenting plan by changing their children’s residence for ma

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Developers Surety and Indemnity Company v. Woods of Somerset, LLC

This case arises from claims brought by Developers Surety and Indemnity Company ("DSI") against Daniel Waldberg, Brenda Waldberg, Barney Ashner, Marlene Ashner, and Woods of Somerset, LLC ("Appellants") related to an indemnity agreement Appellants executed in order to obtain a payment bond from DSI for the development of a subdivision. After an excavation company filed suit seeking payment for wor

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In re the Marriage of Shanon Elizabeth Buckingham v. Michael Aaron Buckingham

¶1 Respondent/Appellant Michael Aaron Buckingham (Husband) appeals from the trial court's order awarding Petitioner/Appellee Shanon Elizabeth Buckingham (Wife) attorney fees arising out of contempt proceedings against him. Husband argues that Wife is not entitled to attorney fees related to enforcing the temporary order in their dissolution of marriage action. We hold that 43 O.S.Supp.2009 §

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Lisa Kristine Jobe v. Erlin Pual Jobe

¶1 Verlin Paul Jobe (Husband) appeals a decision of the district court awarding Lisa Kristine Jobe (Wife) $101,875 in back support alimony, and approximately $2,200 in fees. On review, we reverse the award of support alimony, and vacate the fee decision.

BACKGROUND

¶2 The parties were divorced by consent decree in 2007. The court's final decree (Decree) provided the Husband

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In the Matter of the Marriage of Linda Sue Hostetler nka Linda Sue Miller and Ronald Jay Hostetler

Husband appeals from a dissolution judgment,
assigning error to the trial court’s property division and its
denial of his request for attorney fees. With respect to the
property division, husband argues that the trial court erred
by failing to give him one half of the marital asset portion of
wife’s retirement accounts and by assigning all of the marital
debt

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Edixon Franco v. Arakelian Enterprises, Inc.

Our Supreme Court has transferred this matter to us with directions to vacate our decision filed November 26, 2012 and to reconsider the cause in light of Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348 (Iskanian).1
Following the rule announced in Iskanian, we reverse and remand with directions the trial court’s order denying the petition of defendant Arakelian Ent

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In Re: Rosa Maria Trujillo

In this petition for writ of mandamus, Rosa Maria Trujillo contends that the trial court clearly abused its discretion in denying her discovery requests for various medical and counseling records concerning defendant Jorge Llamas-Soforo. Finding the petitioner has failed to provide us with a sufficient record from which to determine abuse of discretion, we deny the writ.
FACTS
Rosa Maria T

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Brian S. Fahey v. Massachusetts Department of Revenue

The four bankruptcy appeals
before us pose a single question of statutory interpretation:
whether a Massachusetts state income tax return filed after the
date by which Massachusetts requires such returns to be filed
constitutes a "return" under 11 U.S.C. § 523(a) such that unpaid
taxes due under the return can be discharged in bankruptcy. For
the reasons set forth below,

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