Marriage Law
 
JJJJ Walker, LLC; Dynafab USA, LLC; Renaissance Properties of Texas, LLC; Priya Properties, LLC; BD Texas, LLC; and KW Hospital Acquisition, LLC v. Eric Yollick

In this fraud case, the plaintiffs prevailed in their claims against a bank, the bank’s corporate agent, and the bank’s attorney, but the trial court granted judgment notwithstanding the verdict on the claim against the bank’s attorney on the ground that no evidence supported the liability finding. In arguments that we treat as cross-points, the attorney argues that the econom

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In the Matter of the Marriage of Susan Elizabeth McMahen and Joe Dyke McMahen and In the Interest of Z.L.M., a Child

This case is about a division of property as a consequence of divorce and whether a gift to three people to avoid gift tax consequences was actually a gift to only one person. The total amount of the gift was $50,000, and it was made to Joe Dyke McMahen, his then-wife Susan, and one of their children, Jake McMahen. Susan’s parents, Carl and Nancy Samuelson, made the gift via three checks in

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In the Matter of the Marriage of William Scott Dorner and Gloria Monique Dorner

William Scott Dorner and Gloria Monique Dorner were divorced on October 22, 2012. The property division included in the divorce decree required Gloria to sell a particular parcel of land and to list that parcel for sale with a licensed real estate broker on or before December 1, 2012. On June 7, 2013, William filed a petition seeking to (1) enforce the property division, (2) reduce the personal pr

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Curtis Moore v. Veronica Moore

In this divorce case, we consider whether the trial court erred in (1) characterizing appellant’s separate property as community property and including it in the community property division, thereby causing a property division that was

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not just and right; and (1) ordering that the appellant to pay periodic child support in the amount of $1500 per month. We affirm in par

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United States of America v. Sandra J. Zuckerman

DENVER, CO – Sandra J. Zuckerman, age 66, of Woody Creek, Colorado, pled guilty before U.S. District Court Judge Robert E. Blackburn to willful failure to pay income taxes, United States Attorney John Walsh and IRS Criminal Investigation Special Agent in Charge Stephen Boyd announced. Judge Blackburn is scheduled to sentence Sandra Zuckerman on September 16, 2014. Sandra and her husband,

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In Re The Marriage of billy Dale Beene and Janice Louis Beene

¶1 In this dissolution of marriage proceeding, Respondent/Appellant, Janice Louise Beene (Wife), appeals from the portion of the trial court's decree awarding the real property located in Meeker, Oklahoma, to Petitioner/Appellee, Billy Dale Beene (Husband), as his separate property. We hold the trial court's exclusion of the Meeker property from the marital estate was not an abuse of discretion

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Arthur W. Adelberg v. Lisa Sheprow Adelberg

The former husband appeals a final dissolution of marriage. He argues, among other issues, that the court erred in not imputing income to the former wife in the form of available employment opportunities and interest from investments. We agree with him in part and reverse. The former wife cross-appealed. We affirm the cross-appeal.

The former wife petitioned for dissolution of marriage. She

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Roxany A. Gonzalez Del Real v. Victor Tomas Gonzalez Del Real

Roxany Gonzalez Del Real, the former wife, appeals the final judgment of dissolution of marriage entered on November 1, 2012. She raises two issues on appeal. We affirm the first issue without further comment; however, we write to address the second issue. The former wife argues that the trial court erred in failing to award her a future credit for the expenses she will pay on the taxes, insurance

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The People v. Steven Petrilli

Late one night, defendant Steven Petrilli drove a stolen minivan around San Francisco with his wife and two acquaintances. The acquaintances periodically left the van, committed a robbery, and returned to the van. Once they were back inside, defendant drove away. After the fourth such robbery, police spotted the van, and defendant drove off at a high speed. The subsequent pursuit ended when defend

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Samuel Duran v. U.S. Bank National Association

We encounter here an exceedingly rare beast: a wage and hour class action that proceeded through trial to verdict. Loan officers for U.S. Bank National Association (USB) sued for unpaid overtime, claiming they had been misclassified as exempt employees under the outside salesperson exemption. (Lab. Code, § 1171.) This exemption applies to employees who spend more than 50 percent of the workday

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Rosa Isela Martinez Gonzalez v. Miguel Angel Garica Robello

Miguel Angel Garcia Rebollo appeals an order finding the court had subject matter jurisdiction to modify his child support order, which was issued in Mexico. He contends the family court lacked subject matter jurisdiction under the Uniform Interstate Family Support Act (UIFSA) (Fam. Code, § 4900 et seq.) because his domicile and residence is in Mexicali, Mexico, and there was insufficient evide

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Victoria V. Ochsner v. Preston A. Ochsner

Victoria V. Ochsner appeals the trial court’s order denying her motion for enforcement of child support order against Preston A. Ochsner. We reverse the trial court’s order denying the motion for enforcement of child support order and remand this case to the court below with instructions to enter a judgment for child support arrearages.

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BACKGROUND

Victoria and

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Velma J. Hussemann v. Herbert J. Hussemann, Jr.

This conflict-of-laws case requires us to determine whose state law governs the enforceability of mutual clauses in a postnuptial agreement that waived each spouse’s elective share. Two Florida residents were married in Florida in 1991. A few months later, they signed a postnuptial agreement in Florida. The agreement expressly provided that Florida law would apply. The married couple subseq

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In the matter of the Estate of J.L. Beasley, deceased

Kelly Ashworth Stovall, Appellant, appeals the final judgment entered by the assigned statutory probate judge, the Honorable Robert E. Price, who construed the Last Will and Testament of J.L. Beasley. Judge Price held that J.L. intended to give Appellant 80 acres located on the east side of the western half of the 320-acre tract of land, but not the house or barn located on the 320-acre tract. App

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Virginia Roe Burns v. Denis Lyons Burns

In this divorce proceeding, the trial court made findings of fact and conclusions of law after a two-day bench trial and rendered a final decree of divorce. In the decree, the trial court divided the marital estate, awarded a reimbursement to the separate estate of appellee Denis Lyons Burns, and burdened specific separate property of appellant Virginia Roe Hinton1 with an equitable lien to secure

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Deanira Morales v. Cotulla Independent School District

Deanira Morales appeals from the trial court’s judgment dismissing her whistleblower-retaliation lawsuit against her former employer, the Cotulla Independent School District. She contends the trial court abused its discretion by dismissing her case for want of prosecution and by denying her motion to reinstate. Because we hold that the trial court abused its discretion by

1 The Honor

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Kirk Brand Coburn v. Janet Moreland

This is an appeal from a modification order in a “high-conflict” suit affecting the parent-child relationship (SAPCR).1 The appellant, Kirk Brand Coburn, challenges the trial court’s modification order, which (1) increased his monthly child-support obligation, (2) granted the appellee, Janet Moreland, the exclusive right to make certain decisions concerning their childrenâ€

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In The Matter of the Marriage of Lisa Marie McNelly and Styephn E. McNelly and in the Interest of A.M.M., a child

In this divorce suit between Stephen E. McNelly and Lisa Marie McNelly, Mr. McNelly challenges the trial court’s divorce decree in five issues. First, Mr. McNelly alleges that the trial court erred when it characterized as community property the proceeds from the sale of his separate-property business that were deposited into joint accounts at brokerage firms. Second, Mr. McNelly alleges th

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Jason P. v. Danielle S.

Family Code1 section 7613, subdivision (b) (hereafter, section 7613(b)) currently provides: “The donor of semen provided to a licensed physician and surgeon or to a licensed sperm bank for use in assisted reproduction of a woman other than the donor’s spouse is treated in law as if he were not the natural parent of a child thereby conceived, unless otherwise agreed to in a writing sig

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Harvey Jay Weinberg and Kenneth Alan Weinberg v. Betty Weinberg

Beneficiaries of a trust appeal an order denying their request to enforce a $500 per diem contempt fine against a trustee for her non-compliance with multiple court orders. They argue the trial court erred in not enforcing the original contempt order, the trustee waived any defect in the original contempt order by not taking an appeal, and that the trial court erred in finding it did not have the

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Catherine Abbott Horowitz v. David Horowitz

The former wife and the former husband are presently involved in litigation with respect to the trial court’s award of support for the former wife. At issue is the trial court’s jurisdiction to entertain the former husband’s post-dissolution of marriage petition for modification of alimony and child support while the former wife’s appeal of the final judgment of dissolu

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Lillian Beillewicz v. Marcus MacRae

In these consolidated appeals, Lillian E. Billewicz (Ms. Billewicz) challenges three orders entered in the circuit court: (1) an order denying her motion to intervene in an action for the dissolution of the marriage of Robert Billewicz and Julia MacRae-Billewicz; (2) an order quashing a quitclaim deed executed by Robert Billewicz purporting to transfer property commonly known as 165 Sunrise Court,

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Samantha Pietszak v. William Fletcher

When Samantha Pietszak and William Fletcher divorced, the trial court granted both parents joint managing conservatorship of their son, A.F., and gave Pietszak the right to determine his primary residency. Approximately two years later, Fletcher moved to modify the conservatorship order. Pietszak appeals the

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trial court’s modified order, which preserves the parentsâ€

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United States of America v. David R. Fuller

A Kansas jury convicted David Fuller of willfully failing to pay more than $50,000 of past-due child support. Both after the government’s case-in-chief and at the close of all evidence, Fuller moved for acquittal. The district court reserved ruling on the motions and then, several weeks after the verdict, issued a single order denying both. On appeal, Fuller challenges the district courtâ

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Alexander Namikas v. Paul A. Miller

In this "settle and sue" case,1 Alexander Namikas sued his former attorneys, Paul A. Miller and the Law Offices of Lowthorp, Richards, McMillan, Miller & Templeman P.C. (collectively respondents), for negligently recommending he pay his ex-wife permanent spousal support of $7,000 per month. He alleged the settlement was excessive because respondents improperly calculated his permanent support obli

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