¶1 Defendant/Appellant, Rich Cope (Father), appeals a summary judgment granted in favor of Plaintiff/Appellee, Terri L. Cope (Mother), determining that the parties' oral agreement waiving Mother's right to child support from Father was void and unenforceable, and awarding Mother a judgment against Father in the amount of $97,401.50 plus interest. After review, we reverse and remand with direction... More...   $0 (04-02-2010 - OK)

In a prior appeal, this Court reversed a decision of the Commissioner of the Virginia Department of Motor Vehicles (“DMVâ€�) finding that, during the period of October 1997 through March 1998, Volkswagen of America, Inc. (“Volkswagenâ€�) violated Code § 46.2-1569(7) when it failed to supply certain high-demand models of vehicles imported by Volkswagen for distribution to its franchise dealers... More...   $0 (03-09-2010 - VA)

The Circuit Court for Baltimore City found, on 18 October 2007, the Petitioner, Rafael Flanagan (“Flanaganâ€�), in constructive civil contempt for his failure to pay child support in accordance with a 1987 consent paternity and child support decree. Prior to the contempt finding, Flanagan filed a motion to dismiss the civil contempt petition, contending that the Circuit Court lacked personal jur... More...   $0 (02-10-2010 - )

¶1 Montana Shooting Sports Association Inc. (MSSA), Gary S. Marbut (Marbut), Robert C. Clark (Clark), and Carol Latta (Latta) (plaintiffs referred to collectively as, “MSSA plaintiffsâ€�) appeal the order of the District Court for the Fourth Judicial District, Missoula County, denying their request for a declaration that § 87-2-202(1), MCA, unconstitutionally infringes on the fundamental right... More...   $0 (01-27-2010 - MT)

Michael Warfel appeals a final judgment entered in favor of Universal Insurance Company of North America in a sinkhole insurance coverage case. Mr. Warfel is entitled to a new trial because the trial court should not have instructed the jury on an evidentiary presumption that impermissibly shifted the burden of proof to him. Accordingly, we reverse.

In March 2005, Universal issued an all-ri... More...   $0 (12-09-2009 - FL)

¶1 Monroe Construction Company, L.L.C. (Monroe Construction) and Monroe Property Company, L.L.C. (Monroe Property) appeal an order of the District Court for the Fourth Judicial District, Missoula County, granting Dick Anderson Construction, Inc.’s (DAC) motion to confirm an arbitration award, and denying Monroe Construction’s and Monroe Property’s motion to vacate or modify the award. Monro... More...   $0 (12-08-2009 - MT)

Appellee, Joshua Braunschweig, seeks further review of the court of appeals decision reversing the district court’s grant of his application to change the surname of the parties’ minor child. The court of appeals determined the matter was governed by the name change procedures under Iowa Code chapter 674 instead of the procedures for initial name determinations under Iowa Code chapter 598. We ... More...   $0 (10-18-2009 - IA)

Jane Doe, the plaintiff, brought this equity action against the defendants XYZ Co., Inc. (XYZ), and its director, Bill Smith (Smith), seeking an order requiring them to disclose the name of a sperm donor reflected on XYZ's records as donor number D237 and whom we shall call D237. Doe claims that she was artificially inseminated in London, England, with D237's sperm and consequently bore twin daugh... More...   $0 (09-30-2009 - MA)

In December 2006, Jessica Wicky passed out while driving, and her car collided with another vehicle. The other driver, Maria Oxonian, was killed. During the police investigation of the accident, Ms. Wicky either impliedly or actually consented to giving a sample of her blood to be analyzed for alcohol content and the presence of controlled or chemical substances. See §§ 316.1932-.1933, Fla. Stat... More...   $0 (08-07-2009 - FL)

The personal representative of the estate of Shea Daniels appeals a summary judgment which determined that Daniels’s son, Javon Daniels, was not a survivor under the Wrongful Death Act, because at the time of Javon’s birth, his mother was married to another man, although the mother had not seen her husband for several years. We hold that under the unique circumstances of this case, the court e... More...   $0 (08-05-2009 - FL)

Defendant appeals from an order denying defendant's motion for a paternity test and waiving parent education and custody mediation. For the reasons stated herein, we reverse the trial court's order.

The record evidence shows the minor child was born 27 August 1999 to defendant. Defendant and plaintiff were dating around the time defendant became pregnant but never married. The initial c... More...   $0 (01-06-2009 - NC)

¶1 Petitioner/Appellant, Robin Anson (Mother), is the natural mother of J.D.P., a minor child born December 15, 2003. Petitioner/Appellant, Matthew Anson, is married to Robin Anson and is the minor child's step-father. On July 30, 2007, Petitioners filed an application for an order by the trial court finding J.D.P. eligible for adoption without the consent of the minor child's natural father, Mic... More...   $0 (11-26-2008 - )

Fourth-party plaintiff Jane Doe (“Doeâ€�) appeals from a final judgment in favor of fourth-party defendant National Union Fire Insurance Company of Pittsburgh, Pennsylvania (“National Unionâ€�). In a prior Massachusetts state court action, Doe obtained a judgment against one of National Union’s insureds, Ed Hovestadt. In this appeal, Doe challenges a final judgment in favor of National Union... More...   $0 (11-13-2008 - MA)

¶1 Lorenzo M. Spencer appeals from a jury verdict against him and in favor of Michael Reid Nielsen on Nielsen's claims for wrongful use of civil proceedings and abuse of process. We affirm the judgment below but reverse the district court's award of prejudgment interest.

BACKGROUND

¶2 Spencer married his wife, Jewelya, on September 30, 1981. In 1988, Jewelya renewed an intimate rel... More...   $0 (10-23-2008 - UT)

This appeal is the fourth and perhaps final visit of the brothers George and Richard Tarvezian to this court in the prosecution of their long-running dispute over the partition and sale of a residential building in Watertown once owned by them as tenants in common (property). In the first chapter of litigation, Richard successfully petitioned the Probate and Family Court (Probate Court) for partit... More...   $0 (10-21-2008 - MA)

The defendants, The Enterprise Publishing Company, LLC, and reporters Elaine Allegrini and Allan Stein (collectively, Enterprise), obtained leave from a single justice of this court, see G.L. c. 231, § 118, to pursue this interlocutory appeal. Enterprise claims error in the denial of its motion for summary judgment as to plaintiff James F. Howell's defamation, invasion of privacy, and intentional... More...   $0 (10-01-2008 - MA)

¶1 We are presented with this question of first impression: whether the assets of a revocable inter vivos trust are subject to the provisions of Oklahoma's pretermitted heir statute, 84 O.S.2001, §132. We are also presented with the question of whether, in a probate proceeding, notice must be given pursuant to title 58, section 240 of the Oklahoma Statutes before a court's order determinating he... More...   $0 (09-16-2008 - OK)

[¶1] Janice (Barker) Lawless appeals from an order of the District Court (Newport, MacMichael, J.) denying her motion to set aside an entry of default, pursuant to M.R. Civ. P. 55(c), and her motion for relief from judgment, pursuant to M.R. Civ. P. 60(b), from a final order of parental rights and responsibilities entered by a Family Law Magistrate (Mathews, M.). Lawless contends that the court e... More...   $0 (09-04-2008 - ME)

Michael Ryan, Rowena Madrigal, and Beverly Bowker sued the United States under the Federal Tort Claims Act (FTCA). They claim that Madrigal and Bowker were switched at birth in 1946 and sent home with the wrong mothers due to the negligence of the United States. The district court2 concluded that the statute of limitations barred the plaintiffs’ claims, and dismissed the suit for lack of subject... More...   $0 (07-28-2008 - ND)

¶1 Petitioner Steven Golden (Father) filed this action to establish paternity and to change the surname of the minor child born to Respondent Jennifer Thompson (Mother). After the parties stipulated that Father is the biological father of the minor child, who at that time was fifteen months of age, the issues of child support, visitation, and change of the child's surname were heard by the trial c... More...   $0 (06-27-2008 - OK)

[3] PBS owned and operated two hotels, one in Cody, Wyoming, and another in Norfolk, Nebraska. The financial arrangements between PBS and CWC were complicated, and for our purposes, it is sufficient to summarize them briefly. CWC held PBS's promissory note secured by the "Norfolk mortgage" on the Norfolk property. CWC also held promissory notes secured by two "Cody mortgages" on the Cody prop... More...   $0 (05-12-2008 - WY)

This appeal requires us to consider the statutory authority of the office of the attorney general (state) to appear and plead in proceedings before a family support magistrate to enforce a child support order. The plaintiff, Steven Testa, appeals1 from the judgment of the trial court, Hon. John R. Caruso, judge trial referee, denying the plaintiff's appeal from the decision of the family su... More...   $0 (04-01-2008 - CT)

While child custody battles are all too common, it is not often that one of them finds its way into the federal courts. Those that do usually come by way of an action brought under the International Child Abduction Remedies Act, 42 U.S.C. §§ 11601–11 (ICARA), which implements the Hague Convention on the Civil Aspects of International Child Abduction, Oct. 25, 1980, T.I.A.S. No. 11,670, 1343 U... More...   $0 (02-21-2008 - AL)

We reverse the circuit court's order of grandparent visitation because the Morgans failed to rebut the statutory presumption that a custodian's decision denying or limiting visitation to the petitioner is in th... More...   $0 (01-17-2008 - AR)

In this suit, brought under 42 U.S.C. §§ 1983 and 1985, Christopher J. McMahon claims that Vilas County (Wisconsin) Sheriff John Niebuhr and Deputy Sheriff John Kindlarski conspired with Kristen DeBruyne and her parents, Ronald and Judith DeBruyne, to violate his rights under the Fourteenth Amendment to the Constitution. He also alleges various violations of state law. The district court... More...   $0 (01-17-2008 - WI)