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Tag Archives: Judge David Bernhard

District court’s jail waiver bars circuit court jail sentence (access required)

Where the general district court waived jail time on the commonwealth’s behalf for a defendant charged with possessing marijuana, the commonwealth cannot seek jail time in a de novo circuit court trial of the charge. Further the charge must be ...

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Denial of in-state tuition rate had reasonable basis (access required)

A university had a reasonable basis for refusing a student’s request to reclassify her tuition status to that of an in-state resident. She has not overcome the presumption that the acts she claims qualify her for the in-state tuition rate ...

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Support reservation will be considered (access required)

Where plaintiff petitioned to exercise a reservation for additional spousal support that was included in their property settlement agreement (PSA), the court concludes that a showing of changed circumstances is not required to consider the petition. Further, even if changed ...

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No substitute plaintiffs for cancelled LLC (access required)

The proposed substitute plaintiffs cannot continue a tax-refund suit as successors in interest of plaintiff, a voluntarily cancelled LLC, even though lease agreements authorized the would-be plaintiffs to pay property taxes and challenge assessments. Further, plaintiff lacks standing to continue ...

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No jurisdiction in divorce case to issue custody order (access required)

The court lacks jurisdiction to enter a child custody order due to the residency of the parties and their child, and because this court has not previously entered a custody order in this divorce case. Background Plaintiff father and defendant ...

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Sale commissioner did not faithfully discharge duties (access required)

A commissioner of sale is personally liable after the net sale proceeds of a marital home in the underlying case were distributed without satisfying petitioner’s lien. The commissioner failed “to file a proper accounting” of all the encumbrances on the ...

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