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Trial court’s findings on profit-sharing plan upheld
Where the trial court ruled that husband did not disclose his profit-sharing plan to wife, and, that under the parties’ property settlement agreement, wife was entitled to one-half of the plan, there was no error. Further, the court properly ruled that husband could deduct his tax rate from his payment to wife. No disclosure “Husband […]
Court applied correct standard in adoption case
Appellants failed to object to the court’s statement that the preponderance of the evidence standard applies in this grandparent adoption proceeding. As a result, the issue cannot be reviewed on appeal. Moreover, the court stated in the adoption order that it used the “clear and convincing” standard to review the matter. Failure to object Appellants […]
No best interest analysis for child’s relocation
“When granting primary physical custody to a parent in an initial custody determination, the trial court need not separately determine whether living out-of-state is in the best interests of the child, if the prospective custodial parent already lives out of state.” Background Coffey, the child’s mother, and Brandon, the child’s father, jointly agreed that the […]
No modification of custody and visitation
Where the trial court declined to modify its custody and visitation order to give father more time with the parties’ child, there was no error. Best interest “Father argues that the trial court erred by not modifying the custody and visitation order and granting him more time with the [parties’ nine-year-old] child. … “Father asks […]
Property settlement amendment correctly enforced
Where the marital home became wife’s sole and separate property after the parties amended their property settlement agreement (PSA), the trial court had the authority to enforce the amendment and correctly did so with a declaratory judgment. PSA amendment “At the time of the divorce, the PSA stated: ‘[U]nless the parties agree otherwise in writing, […]
Court properly found wife deserted marriage
Even though the record supports grounds for divorce based on the parties living apart for a year or more, the record also supports the trial court’s finding that wife deserted the marriage. The trial court was free to choose either ground. Further, the trial court properly “granted wife a reservation of spousal support in the […]
Claims in complaint would not violate no-contest clause
The trial court correctly issued a declaratory judgment that litigation of a trust beneficiary’s claims, which accuse his sister “of obtaining certain gifts from their parents through undue influence or fraud, thereby depleting their parents’ trusts and eroding [the beneficiary’s] inheritance,” would not violate the trust’s no-contest clause. The complaint was fashioned “according to[...]
Court’s spousal support award to wife affirmed
Where the trial court awarded wife spousal support and ordered husband to maintain her as a beneficiary of two life insurance policies, there was no error. Support “Husband challenges the circuit court’s spousal support award of $3,505 per month to wife. … “The circuit court found that wife had ‘no income.’ The circuit court further […]
Tortious interference with parent rights case dismissed
Where appellant alleged that appellees tortiously interfered with his parental rights involving the parties’ minor child, the trial court correctly sustained appellees’ demurrer. Background Appellant Qiu and his wife married in 1995. When they separated, their daughter, M.Q., was eight years old. In 2016, while the divorce and custody matters were pending, the father filed […]
Aunt denied custody, visitation
Where the father and grandmother appealed a JDR court’s award of custody to a child’s maternal aunt, the circuit court held that the aunt has failed to satisfy the high burden to rebut the presumption that custody should be awarded to the parent. Presumption not overcome “[A] nonparent can overcome the parental presumption by proving, […]
Support award to wife upheld
Where the circuit court awarded wife $10,000 per month in spousal support, the court’s decision not to impute income to wife is supported by the record. Imputed income “At the outset, husband argues that the trial court should have imputed at least $65,000 of annual investment income to wife because his financial planning expert testified […]
Federal law permits contract to divide military pension
The Court of Appeals erred when it ruled that “certain indemnification provisions in a property settlement agreement that [wife] entered into with [husband] violated federal law and, therefore, were void ab initio.” Background The parties agreed on a division of husband’s military pension. The circuit court entered a Military Pension Division Order (MPDO) that gave […]
Verdicts & Settlements
- Jury reaches defense verdict in $4M med mal action
- Dental hygienist tripped, fractured right wrist, foot — $190,000 settlement
- Couple contracted Hepatitis A after dining at restaurant — $5.5M settlement
- Elderly man suffers hip fracture after attack by neighbor’s dog — $350,000 settlement
- Motorcyclist injured when vehicle abruptly changed lanes — $300,000 verdict
- Passenger ejected from car in high-speed chase crash — $685,000 settlement
- Defense verdict reached in fraud suit
- 8-year-old killed in crash involving tractor-trailer — $1,100,000 settlement
- Plaintiff conceived child after vasectomy — $250,000 settlement
- Delay in diagnosis of ectopic pregnancy led to surgery — $283,432.18 settlement
- Golfer stepped in sinkhole, fractured ankle — $442,000 verdict
- Jury sides with woman injured in rear-end collision — $300,000 verdict
viewpoint
- The promise and peril of artificial intelligence in patent law
- Keys to becoming an unfrazzled lawyer
- Confused about federal COVID-19 emergencies ending? You’re not alone
- Generative AI in law: New survey of lawyer perspectives and plans
- Four misconceptions about appeals
- Font choice exposes fabricated document
- USPTO launches first-time filer expedited exam pilot program
- In times of crisis, the ‘tug of war’ is over
- The ever-evolving Fourth Circuit
- Federal protections for pregnant, nursing employees coming
- It’s time for employers to embrace the ‘Big Quit’ and adapt
- Tell the whole truth? I’ll do better than that
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