Tag Archives: Civil Practice

Pipeline company could not add tree-sitters as defendants (access required)

Where two tree-sitters occupying certain parcels of land possession which had been granted to a company to construct its planned pipeline route, the company was not allowed  to join them in condemnation action because defendants did not have an actual ...

Read More »

Previously resolved case is reinstated, then dismissed again (access required)

Where a trial court erroneously reinstated its previously decided cases involving child support and arrearages, it realized its mistake and correctly vacated its reinstatement order. There was no error in denying a motion to reconsider. Background In 2016, Carolyn Rumbaugh ...

Read More »

Company president not personally liable for judgment (access required)

A company president is not personally responsible for a multi-million dollar judgment because he was never personally named in the complaint. However, the president might be liable for sanctions because of his conduct during the discovery. Background In December 2010, ...

Read More »

Over defendant’s objection, plaintiffs may dismiss case before trial (access required)

Although the defendant argued he expended funds answering the complaint, preparing discovery requests, conducting two depositions and preparing a motion for summary judgment, the court held such costs were not so extensive as to give rise to substantial prejudice. As ...

Read More »

Case incorrectly dismissed after judgment was obtained (access required)

Where this case was previously remanded because the trial court’s judgment listed one plaintiff twice and omitted another plaintiff, the trial court correctly dismissed the twice-named plaintiff (because it did not obtain a certificate  of authority or registration before entry ...

Read More »