Marriage Law
 
Idaho Department of Health & Welfard v. Cathie Peterson

This case arose out of the Department of Health and Welfare’s (IDHW) attempt to recover Medicaid benefits from Melvin Peterson’s estate that were paid during his lifetime. At issue is whether any part of a real estate transfer from Melvin Peterson to his daughter Cathie Peterson is subject to Medicaid recovery.
I. FACTUAL AND PROCEDURAL BACKGROUND
The relevant facts of this c

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Ryan Conner, et al. v. Bryan F. Hodges, M.D.

Jami and Ryan Conner appeal the district court’s grant of summary judgment dismissing their claims for medical malpractice, breach of contract, and loss of consortium. The Conners allege that Jami unexpectedly became pregnant due to Dr. Bryan Hodges’ negligent performance of a bilateral tubal ligation. The district court concluded that the medical malpractice claim was barred by the

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The People v. Stanley Bryant, Donald Franklin Smith and Leroy Wheeler

On August 28, 1988, Andre Armstrong, James Brown, Loretha Anderson, and Chemise English were shot and killed. Armstrong and Brown had run afoul of the Bryant Family gang and were shot at the entrance to a drug house. Ms. Anderson and her daughter Chemise, aged 28 months, were shot in a car parked at the curb. Anderson‘s son Carlos, aged 18 months, was also in the car. He was not shot and sur

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The People v. Leticia Garcia

Appellant Leticia Garcia was charged with sexually abusing a girl she babysat. At trial, the prosecutor attempted to show she is a lesbian. The prosecutor asserted during closing argument that her supposed attraction to other women gave her a motive to sexually abuse the victim. While disavowing the notion that all lesbians are child molesters, she nonetheless argued it was very telling that appel

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In re the Marriage of Joy and William Evans

This appeal presents a question of first impression about the Family Code provisions that require spouses who are dissolving their marriage to exchange declarations of disclosure of assets and liabilities.1 Specifically, is a property settlement
1 Declarations of disclosure (disclosure declarations) are governed by Family Code sections 2100 through 2113, which sections comprise chapter 9 of pa

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Stanley A. Tener v. Short Carter Morris, L.L.P. and Adam J. Morris

Tener challenges the trial court’s rendition of summary judgment in favor of appellees, Short Carter Morris, LLP (“SCM”) and Adam J. Morris, in his suit against them for negligence and breach of fiduciary duty. In three issues, Tener contends that the trial court erred in granting Morris and SCM summary judgment and overruling his objections to their summary-judgment evidence.

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Robert Goff v. Cheryl Ann Kenney-Goff

In this post-dissolution of marriage action, the husband appeals an order denying his motion to rehear or vacate two separate orders. We agree with the husband that the trial court erred in requiring the husband to continue paying child support for the parties’ youngest child after the child had reached the age of eighteen and graduated from high school. As such, we reverse as to this issue

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Martha Julia v. Juan Carlos Julia

Appellant Martha Julia (“the Wife”) appeals the final judgment of support and the final judgment of dissolution of marriage related to her second marriage to Appellee Juan Carlos Julia (“the Husband”). The Wife argues that the trial court’s judgments must be reversed in light of violations of her right to due process. We agree. Furthermore, we find six additional sho

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Mariama Monique Changamire v. Keiba Lynn Shaw

Appellant Mariama M. Changamire Shaw seeks review of a circuit court
order dismissing her amended petition for dissolution of marriage, and Appellee Keiba
Lynn Shaw has filed a notice of cross-appeal of that order. Appellant and Appellee are
same-sex partners who married in Massachusetts in 2010 and subsequently relocated
to Florida. The couple separated in October 2013, and Appell

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Nora Friscia v. Thomas Friscia and Nicholas Friscia

Nora Friscia, as personal representative of the Estate of Vincent J. Friscia (the Decedent), seeks review of an order which determines that the Decedent's interest in his former marital home is entitled to the homestead exemption under article X,
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section 4 of the Florida Constitution. At the time of his death, the Decedent was divorced from his first wife, Robin Friscia (the Former W

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Elaine Mary Murphy v. William Milligan Sloan

In this case we consider the significance of a “trial period” of residence on a
child’s “habitual residence” under the Hague Convention on the Civil Aspects of
International Child Abduction.1 Elaine Murphy seeks the return of her child, E.S.,
to Ireland. We affirm the judgment of the district court that E.S. was a habitual
resident of the United State

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Cliressa Elaane Brown v. Ronald Peter Brown, Jr.

After a bench trial, the trial court granted a divorce, awarded custody of the children, and dissolved the marriage between Cliressa Elaane Brown and Ronald Peter Brown, Jr. The trial court took under advisement child support and health insurance, spousal maintenance, and property division matters. A short time later, the trial court determined child support obligations, awarded spousal maintenanc

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Mariano Octavio Castelnuovo v. Sandra Faieta

This appeal arises from a divorce proceeding. In two issues, Appellant, Mariano Octavio Castelnuovo,1 challenges the trial court’s characterization and award of a bank account in the amount of $566,252.49 to Appellee, Sandra Faieta, as her separate property. We affirm.
1It is noted that Appellant’s name is also spelled as “Mariano Octario Castelnuovo” on several docum

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Robert Gerald Sherwood Sr. v. Janet Lynne Sherwood

In this appeal, we address whether the trial court erred by imposing a death penalty sanction due to the appellant’s failure to fully answer the appellee’s discovery. We hold the trial court abused its discretion by imposing a death penalty sanction; we reverse and remand that portion of the trial court’s judgment dividing the parties’ property for a new trial to allow

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In the Interest of C. R. M., A. L. T., and L. N. T., Children

Appellant, T.L.M., challenges the trial court’s termination of her parental rights to A.L.T. and L.N. T. 1 In her sole issue on appeal, T.L.M. argues that the
1 T.L.M. does not challenge the portion of the trial court’s order regarding C.R.M. None of the fathers or the grandparents who intervened are parties to this appeal.
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evidence was legally and factually insufficien

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Clyde Smith v. Tulsa Bone & Joint Associates, P.C. and Scott Dunitz, M.D.

Clyde Smith v. Tulsa Bone & Joint Associates, P.C. and Scott Dunitz, M.D.

1. That the Petitioner, Clyde Smith, is a resident of Ottawa County, Oklahoma.
2. That Respondent, Tulsa Bone and Joint Associates, is a Professional Corporation doing business in Tulsa County, Oklahoma.
3. That Respondent, Scott Dunitz, is an employee of Tulsa Bone and Joint Associates, P.C.
4. That the

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V.L.M. v. Kevin Lee Miley

2 Respondent appeals from a judgment entering a permanent stalking
3 protective order (SPO) against him. He contests the sufficiency of the evidence
supporting the SPO.1 4 Because this is not an "exceptional case" warranting de novo
5 review, we review the trial court's factual findings for "any evidence" and its legal
6 conclusions for errors of law. Travis v. Strubel, 238 Or App

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Kevin Rains v. Stayton Builders Mart, Inc.

2 Plaintiffs Kevin and Mitzi Rains filed an action against several parties
3 seeking damages for injuries sustained by Kevin when a board on which he was standing
4 broke, causing him to fall 16 feet to the ground. Kevin, who was working as a
5 subcontractor on a construction project, sustained a thoracic T12 vertebrae burst fracture
6 that resulted in paraplegia. Kevin brought cla

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In re E.M. et al., Minors.

James J. and Sarah J. appeal the denial of their petition to declare Sarah's three children free from the custody and control of the children's father, Christopher M. (Fam. Code, § 7822.)1 James and Sarah also contend that the court did not have jurisdiction to issue a temporary visitation order allowing Christopher to have supervised visitation with the children during the pendency, or upon di

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J.M. v. G.H.

J.M. appeals from a judgment on reserved issues granting joint physical custody of his son Joey to J.M. and G.H., Joey’s mother, and allowing her to take Joey with her to live in Israel during the school year. Finding no abuse of discretion, we affirm.
BACKGROUND
We use the parties’ first names to simplify and humanize our opinion in this intensely contested custody case. (In

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In re J.T., a Person Coming Under the Juvenile Court Law.

Jasmine M. (mother) challenges a juvenile court order terminating jurisdiction over her son, J.T., and ordering regular visitation for J.T.’s paternal grandmother. Mother contends the visitation order impermissibly infringed on her fundamental parenting rights under the Fourteenth Amendment to the United States Constitution. Mother also argues the trial court abused its discretion when it d

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The People v. Gene Estel McCurdy

A jury convicted defendant Gene Estel McCurdy of the first degree murder (Pen. Code, § 187, subd. (a)),1 kidnapping (§ 207, subd. (a)), and kidnapping with the purpose to commit a lewd act on a child under 14 years old (§ 207, subd. (b)) of Maria Piceno. The jury found true the special circumstance allegation of kidnapping murder. (§ 190.2, subd. (a)(17)(B).) The jury returned a verdic

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In the Matter of the Marriage of Barney Samuel Bradshaw and Amanda Cheri Bradshaw

Barney Samuel Bradshaw appeals the trial court’s final decree of divorce. On appeal, Barney presents three issues. We reverse and remand.
BACKGROUND
Barney and Amanda Cheri Bradshaw were married on November 13, 2010. Amanda filed an original petition for divorce on September 10, 2013, requesting that the court divide their estate in a manner that the court deems just and right. Barn

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Janice Dudley, et al. v. Nettie Johnson and Joseph Conwright

In this Harrison County land title dispute between two neighboring families connected by a marriage, the original title to the disputed 7.23 acres was within the Conwright family, yet there was some evidence that the tract had been used from time to time by various members of the Johnson family other than the Johnson family claimants. After a bench trial, the trial court ruled that, because the Jo

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Jordan D. Houghtaling v. Nichol A. Houghtaling

Appellee Nichol A. Houghtaling sought a divorce from appellant Jordan D. Houghtaling. Nichol filed with the trial court a document purporting to be a waiver of appearance executed by Jordan. At a subsequent hearing which Jordan did not attend, the trial court entered a final decree of divorce dissolving the parties’
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marriage and dividing their property. Jordan timely filed this re

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