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Tag Archives: Civil Practice

Mechanic’s lien inferior to trustees’ and lender’s interests (access required)

Where a plumbing company sued to enforce a mechanic’s lien against defendant’s property for unpaid work, the lender and the deed trustees are not necessary parties to the case because, by statute, the lien is inferior to the trustees and ...

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Claims related to funeral home’s release of cremains dismissed (access required)

Where a contract with a funeral home gave two individuals authority to receive the decedent’s cremains, the funeral home did not breach the contract by giving both urns containing the cremains to only one of the named individuals. Overview Plaintiff ...

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Request for voluntary dismissal did not prejudice defendants (access required)

Where multiple defendants moved to dismiss plaintiffs’ complaint with prejudice, plaintiffs were entitled to voluntarily dismiss their complaint without prejudice because they had never sought that relief before and defendants were not prejudiced by the prospect of a future action. ...

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Counsel’s failure to appear due to illness warranted continuance (access required)

Where the circuit court sua sponte dismissed plaintiff’s personal injury case with prejudice after counsel informed the court and opposing counsel that he was too ill to appear for trial, the court abused its discretion by denying plaintiff’s motion for ...

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Controlled substances on funds prompt seizure at airport (access required)

Where an individual was found with funds containing traces of controlled substances while going through security at an airport and was unable to provide documentation to support any of his inconsistent claims regarding the source of those funds, the funds ...

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