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Archive for the ‘*All Posts’ Category

*All Posts,Litigation,Motions,Reconsideration

A decision to grant or deny a motion for reconsideration is addressed to the trial judge’s discretion

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May 17, 2012 at 8:30 am

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*All Posts,Estate Planning Issues,Last Will & Testament,Will & Testament

Sums remaining on deposit at the death of a party to a joint account belong to the surviving party or parties as against the estate of the decedent unless there is clear and convincing evidence of a different intention at the time the account is created

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May 17, 2012 at 8:28 am

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*All Posts,Appeal,Litigation

A pro se appellant is held to the same standard for compliance with our court rules as a litigant represented by counsel

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May 17, 2012 at 8:25 am

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*All Posts,Appeal,Litigation

An appellant’s appendix is required to include such parts of the record as are essential to the proper consideration of the issues, including such parts as the appellant should reasonably assume will be relied upon by the respondent

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May 17, 2012 at 8:24 am

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*All Posts,Agreements,Property-settlement-agreement,Settlement agreement

The law grants particular leniency to agreements made in the domestic arena, thus allowing judges greater discretion when interpreting such agreements

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May 17, 2012 at 8:21 am

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*All Posts,Agreements,Contracts,Property-settlement-agreement,Settlement agreement

An integrated agreement is a writing or writings constituting a final expression of one or more terms of an agreement

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May 17, 2012 at 8:19 am

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*All Posts,Litigation,Motions,Relief from judgment

Motions for relief from judgments are to be decided at the discretion of the trial court

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May 17, 2012 at 8:17 am

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*All Posts,Laches,Litigation

The defense of laches is not available to a party whose own actions caused or contributed to the delay

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May 17, 2012 at 8:08 am

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*All Posts,Judicial Discretion,Litigation,Sanctions

The judiciary has the inherent power to challenge and punish affronts to its authority

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May 17, 2012 at 8:06 am

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*All Posts,Judicial Discretion,Litigation

Abuse of discretion arises when a decision is made without a rational explanation, inexplicably departed from established policies, or rested on an impermissible basis

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May 17, 2012 at 8:04 am

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