Jessica Lauren Wicky v. Crisanto G. Oxonian |
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 $0 (08-07-2009 - FL) |
Bryan Tate Helms v. Angelique Landry |
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. |
IN THE MATTER OF THE ADOPTION OF J.D.P. |
¶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 $0 (11-26-2008 - ) |
National Union Fire Insurance Company of Pittsburgh v. West Lake Academy |
Fourth-party plaintiff Jane Doe (“Doe”) appeals from a final judgment in favor of fourth-party defendant National Union Fire Insurance Company of Pittsburgh, Pennsylvania (“National Union”). 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 $0 (11-13-2008 - MA) |
Michael Reid Nielsen v. Lorenzo M. Spencer |
¶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. |
Stephen W. Howe & Another v. George Tarvezian & others |
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 $0 (10-21-2008 - MA) |
James F. Howell v. The Enterprise Publishing Company, LLC, et al. |
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 $0 (10-01-2008 - MA) |
In the Matter of the Estate of Walter Kinsley Jackson, Deceased. |
¶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 $0 (09-16-2008 - OK) |
John Michael Ezell v. Janice Barker Lawless |
[¶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 $0 (09-04-2008 - ME) |
Michael Ryan v. United States |
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 $0 (07-28-2008 - ND) |
PBS Enterprises, Inc. v. CW Capital Asset Management LLC, etc., et al. |
[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 $0 (05-12-2008 - WY) |
Steven Testa v. Vickie Geressy |
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 $0 (04-01-2008 - CT) |
Marietta Pielage v. James Vincent McConnell, III |
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. 1160111 (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 $0 (02-21-2008 - AL) |
Cody Oldham v. David and Paula Morgan |
This appeal arises from the February 21, 2007, order of the Craighead County Circuit Court granting grandparent visitation to Appellees David and Paula Morgan ("the Morgans"). 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 $0 (01-17-2008 - AR) |
Christopher McMahon v. John Kindlarski, John Niebuhr, Ronald Debruyne, Sr., et al. |
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 $0 (01-17-2008 - WI) |
CINDY FLYNN, Appellee, v. ALICE HENKEL, Appellant. |
Alice Henkel is a single mother raising a minor child, E.H., who was born on May 27, 2003. Cory Flynn is the father of E.H. Alice and Cory were never married and never lived together. Alice and E.H. live with E.H.'s maternal grandparents. Cindy Flynn is Cory's mother and the paternal grandmother of E.H. Cindy filed a petition in the circuit court of Lee County for grandparent visitation $0 (12-11-2007 - IL) |
Dorothea E. O'Connell-Starkey v. Gordon S. Starkey |
1. Defendant Gorden Starkey appeals from a family court order requiring him to pay college tuition for Kristen O'Connell-Starkey. In so requiring, the family court concluded that the latest amended divorce order was not ambiguous and found that, although it left the issue of college tuition open for contest, defendant had never contested it. Therefore, defendant remained obligated under $0 (11-30-2007 - VT) |
Melissa L. Anspach, a minor, by and through her parents and Natural Guardians, Kurt A. Anspach and Karen E. Anspach, et al. v. City of Philadelphia, et al. |
Melissa Anspach and her parents brought this action against the city of Philadelphia (the "City") and certain of its employees and agents, including the City's Health Department and the Commissioner of Public Health. Melissa is a 16-year-old unemancipated minor. They allege that agents of the City violated Melissa's constitutionally protected right to bodily integrity and parental guidanc $0 (09-24-2007 - PA) |
Gregory J. Barnes v. Genetic Technologies, Inc. |
Plaintiff filed suit on October 25, 2005, against defendant Genetic Technologies, Inc. after he was adjudged in a paternity case to be the biological father of a minor child and liable for child support and certain other expenses. The district court liberally construed plaintiff's complaint to assert claims for fraud, misrepresentation, and either defamation or invasion of privacy. The court d $0 (05-24-2007 - KS) |
IN THE ESTATE OF Juan GARCIA, Deceased |
This is an appeal of a summary judgment declaring Angel Maldonado, Jr., Claudia Maldonado, and Aldo Maldonado (the "Maldonados") to be the sole heirs of Juan Garcia. The Maldonados were the children of Criselda Corina Garcia Maldonado, and the trial court found that Criselda was Garcia's daughter. The appellants Petra Trevio, Angelita Garcia Segovia, and Innocencia Garcia Valdez, who are Garc $0 (05-16-2007 - TX) |
Fouad Said v. Henrietta Jegan, et al. |
Fouad Said appeals from the summary judgment denying his petition to determine that he is not the father of Fouad Samir Said (Fam. Code, 7630, subd. (b)) on the ground that he lacked standing as a presumed father to maintain such an action. Because he presented sufficient evidence to show he might qualify as the presumed father (Fam. Code, 7611, subd. (d)), we hold that the trial cour $0 (01-24-2007 - CA) |
Heather Andersen, et al. v. King County, et al. |
The trial courts in these consolidated cases held that the provisions of Washington's 1998 Defense of Marriage Act (DOMA) that prohibit same-sex marriages are facially unconstitutional under the privileges and immunities and due process clauses of the Washington State Constitution. King County and the State of Washington have appealed. The plaintiffs-respondents, gay and lesbian couples, $0 (07-27-2006 - WA) |
Teresa Hardy appeals the trial court's denial of her motion to reform an associate judge's decision in the underlying matter and motion for sanctions. In four issues, Hardy argues Leroy Mitchell's claim of loss of consortium was frivolous and groundless and must be characterized as a claim of interference with a possessory interest under the family code; Mitchell's claim of fraud was not co $0 (07-01-2006 - TX) |
Elisa B. v. The Superior Court of El Dorado County |
In the present action for child support filed by the El Dorado County District Attorney, we conclude that a woman who agreed to raise children with her lesbian partner, supported her partner's artificial insemination using an anonymous donor, and received the resulting twin children into her home and held them out as her own, is the children's parent under the Uniform Parentage Act and has $0 (08-23-2005 - CA) |
Kristine H. v. Lisa R. |
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