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Author Archives: aotto

Trial court lacked jurisdiction to reconsider support rulings (access required)

The trial court lacked subject matter jurisdiction to decide mother’s motions to reconsider child support rulings. Further, mother did not file a timely notice of appeal to challenge the underlying orders. As a result this court lacks jurisdiction to consider ...

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Landowners’ expert testimony limited in condemnation case (access required)

Where reference to comparable sales was wrong or speculative, possible pipeline hazards are not inherent in an easement and the substance of other appraisals was inadmissible hearsay, the landowners’ expert was barred from testifying on these topics in a condemnation ...

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No injunction against restaurant operating without license (access required)

Even though defendant’s restaurant is still operating after state health authorities suspended its license for noncompliance with COVID-19 restrictions, the court declines to enjoin the restaurant’s operation. Overview In response to COVID-19, the governor and the state health commissioner issued ...

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Counsel’s ‘slothful inattention’ dooms requests for more time (access required)

Where one motion to dismiss was granted after the plaintiff offered no opposition, he did not respond to a second motion to dismiss and failed to timely serve additional defendants, his counsel’s “slothful inattention” led the court to deny further ...

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