If a party dies between the time the court orally grants a judgment of dissolution and the time the court enters a written judgment of dissolution does the court lose jurisdiction to enter such judgment nunc pro tunc? For the reasons explained below, we hold the court does not lose jurisdiction to enter a nunc pro tunc judgment.

Alejandro and Thelma Martin were married on March 3, 2008 and ... More...   $0 (02-06-2014 - CA)

¶1 Petitioner, Mark Ashly Steen, was convicted in county court of misdemeanor offenses. In this original proceeding pursuant to C.A.R. 21, Steen challenges orders issued by the county court and district court denying his motions under section 16-2-114(6), C.R.S. (2013), and Crim. P. 37(f) to stay execution of his sentence pending his appeal of the convictions to the district court. We issued... More...   $0 (02-03-2014 - CO)

Tulsa criminal defense lawyer Don Mason represented Crystal Dawn Abell who was charged with:

Count # 1. Count as Filed: EMB, EMBEZZLEMENT , in violation of 21 O.S. 1451 Date Of Offense: 12/19/2011

Party Name: Disposition Information: ABELL, CRYSTAL DAWN Disposed: DEFERR... More...   $0 (02-01-2014 - OK)

This appeal arises from a declaratory judgment action concerning the administration of the will of the late Jake Kamin. The appellants, his grandchildren, challenge the trial court’s conclusion that Kamin did not die 2 partially intestate as to one-half of his separate property. They contend that the will’s reference to one-half of Kamin’s property is a failed specific bequest that passes th... More...   $0 (01-31-2014 - TX)

Plaintiff-Appellant Stephen L. D'Angelo ("D'Angelo"), a licensed attorney appearing pro se, appeals an order from the District Court of New Hampshire dismissing, for failure to state a claim, his complaint against the Defendant-Appellee New Hampshire Supreme Court ("NHSC") and Defendant-Appellee Brian Germaine ("Germaine"), a court appointed Commissioner in the underlying alimony and child suppor... More...   $0 (01-30-2014 - NH)

At issue is whether the trial court made a definitive ruling regarding the competency of Linda Koshenina (Linda) to make a designation declaring her husband, James Koshenina (James), her preneed guardian, and whether the trial court correctly determined it was appropriate for John L. Buvens and Carole Ann Buvens Draper, Linda’s brother and sister (Siblings), to be appointed her plenary co-guardi... More...   $0 (01-29-2014 - FL)

[¶1] We are asked in this appeal to determine whether the Cumberland County Probate Court (Mazziotti, J.) properly admitted to probate the 2004 will of Gloria P. Hall despite a 2007 separation agreement, reached in settlement of a divorce action, providing that neither Gloria nor her husband would modify the wills that each had executed in 1993, as modified by one codicil to the husband’s will ... More...   $0 (01-28-2014 - ME)

On September 18, 2013, we issued an opinion affirming the probate court’s judgment in part, reversing the probate court’s judgment in part, and remanding the cause to the probate court. See Estate of Ulbrich, No. 04-12-00514-CV, 2013 WL 5297161 (Tex. App.—San Antonio Sept. 18, 2013). Appellant then filed a motion for rehearing. After requesting a response, we grant appellant’s motion for r... More...   $0 (01-17-2014 - TX)

Defendant Lois Lynne Lintz appeals from a judgment of financial elder abuse, undue influence, breach of fiduciary duty, conversion of separate property, and constructive trust. Defendant challenges only the remedial aspect of the judgment. She argues that the probate court erred by voiding her deceased husband’s testamentary trusts and trust amendments executed after May 2005 without proof of un... More...   $0 (01-14-2014 - CA)

{1} “All persons are born equally free, and have certain natural, inherent and inalienable rights, among which are the rights of enjoying and defending life and liberty, of acquiring, possessing and protecting property, and of seeking and obtaining safety and happiness.â€� N.M. Const. art. II, § 4. These inherent rights, enjoyed by all New Mexicans, appear along with twenty-three other provisio... More...   $0 (01-10-2014 - NM)

[¶1] Paul A. Ligor, son of the deceased, Mary E. Hiller, appeals from an amended judgment of the Knox County Probate Court (Emery, J.) partially denying his motion for relief from a judgment pursuant to M.R. Prob. P. 60(b) and M.R. Civ. P. 60(b). In its judgment, the Probate Court: (1) found that Ligor had solicited a power of attorney when his mother “was not of sound mindâ€� and then wrongful... More...   $0 (01-09-2014 - ME)

Christopher S. Mack (“Christopher�), Charles T. Mack (“Chuck�), and Kathleen Mack (“Kathleen�) (collectively, “Plaintiffs�) appeal from a final order dismissing their three count complaint filed against their sister, M. Maureen Polsby, M.D. (“Dr. Polsby�). We reverse.

This appeal involves a dispute between four adult siblings as to the Charles C. Mack Revocable Trust (â€... More...   $0 (01-08-2014 - FL)

In the present case, we principally
examine the circumstances under which a treating physician’s
medical records can be admitted as expert evidence
of causation in a medical malpractice action. The
trial court rendered summary judgment in favor of the
defendant New Milford Hospital1 on the ground that the
plaintiff, Lynnia Milliun, the conservator of her sister,
Lesli... More...   $0 (12-31-2013 - CT)

Plaintiffs Alexander Graham-Sult and David Graham appeal the district court’s disposition of: (1) a motion to dismiss; (2) a special motion to strike under California’s anti- SLAPP statute; and (3) related attorney’s fees awards.

GRAHAM-SULT V. CLAINOS 5

We affirm the disposition of the motion to strike in part and reverse in part. Striking Plaintiffs’ conversion and unjust e... More...   $0 (12-27-2013 - CA)

Rodney E. Donkin and Mary E. Donkin, a married couple, executed a revocable trust in 1988 (the Family Trust) as part of their estate planning, naming their four children as equal primary beneficiaries after they both had died.1 Rodney died in 2002. Shortly before her death in 2005, Mary executed a second amendment to the Family Trust instrument (hereafter the Trust‟s Second

1 When we subs... More...   $0 (12-26-2013 - CA)

William Burkhalter challenged an unfavorable modification of his father’s revocable trust that occurred just prior to his father’s death. William claimed his brother, Steven Burkhalter, unduly influenced their father and tortiously interfered with the trust. William also alleged his father lacked the necessary testamentary intent when he made the modification. At trial, the district court dire... More...   $0 (12-20-2013 - IA)

On March 28, 2002, The Old Line Life Insurance Company of America (“Old Lineâ€�)1 issued a $100,000 life insurance policy to David Ray Hood (“Hoodâ€�), who had named his son, Erik Christopher Hood (“Erikâ€�), as the sole beneficiary under the policy. When Hood died on September 17, 2007, Erik, who was sixteen years old, left his father’s residence in order to reside with his older half-sis... More...   $0 (12-19-2013 - TN)

The trial court found appellant Tommy Nguyen liable for violating the Deceptive Trade Practices Act (“DTPAâ€�) in the course of selling a restaurant to appellee Taiwai Luk. The trial court further found appellant David Vuong, who drafted the bill of sale for Nguyen and Luk, liable for legal malpractice. The trial court entered judgment against Nguyen and Vuong, jointly and severally, for $62,600... More...   $0 (12-19-2013 - TX)

The Estate of Addison Darnell Lewis, Mae Francis Garson, a personal representative, sued James D. Filipski on a negligence theory claiming:

The Parties

1. That Addison Damell Lewis died on February 18, 2010.

2. The Estate of Addison Darnell Lewis is currently in probate in Custer County, Oklahoma.

3. Mae Francis Grayson brings this suit pursuant to 120.5. § 105... More...   $1 (12-11-2013 - OK)

The Cassirers appeal the district court’s grant of the Thyssen-Bornemisza Collection Foundation’s motion to dismiss their complaint without leave to amend. The Cassirers’ lawsuit seeks to recover a masterpiece French impressionist painting that was allegedly taken from their ancestors by the Nazi regime. For the Cassirers’ claims to be timely, they must rely on amended California Code of C... More...   $0 (12-10-2013 - CA)

¶ 1. BURGESS, J. Plaintiffs appeal from a judgment based on a jury verdict finding that the testator Phyllis Agan possessed the capacity and free will to execute a trust, leaving sizable bequests to defendants, various nonprofit organizations in the Town of Ludlow, Vermont. Defendants cross-appeal, claiming that the trial court erred in denying their requests for attorney’s fees ... More...   $0 (12-06-2013 - )

Kathleen M. Geezil, the daughter of George B. Savage, appeals an order resolving several disputes in the probate of her father's estate. We affirm all of the probate court's rulings with the exception of a directive that funeral expenses be paid from a specific account. In light of the extensive litigation that has undoubtedly created a larger than expected quantity of class 1 expenses,1 the proba... More...   $0 (12-04-2013 - FL)

This appeal arises out of probate proceedings related to the estate of Michael C. Roper. Michael’s brother, William A. Roper, Jr., is a potential heir to Michael’s estate.1 When the appellee, CitiMortgage, Inc., sought to enforce its security interest on a certain piece of real property (the Property) that is part of Michael’s estate and to sell the Property, Roper intervened and opposed Cit... More...   $0 (11-27-2013 - TX)

We reverse the Order on Pro Se Motions enjoining appellants from filing further pleadings or motions except through counsel, because the trial court did not first provide notice and an opportunity to respond. See State v. Spencer, 751 So.

2

2d 47, 48 (Fla. 1999). See also Delgado v. Hearn, 805 So. 2d 1017, 1018 (Fla. 2d DCA 2001) (citing Spencer). In doing so, we respectfully disagre... More...   $0 (11-26-2013 - FL)

Buford Cody appeals the final order of the probate court which determined the boundaries of particular portions of real property to individuals, when no such specifics were contained in the will of Earler T. Martin, Jr. Also before this Court for review is the previous order of the probate court, entitled “Order Construing

2

Will,â€� which was not an appealable final order upon its... More...   $0 (11-26-2013 - FL)