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Tag Archives: Judge David Bernhard

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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Child’s name changed to omit mom’s maiden name (access required)

A mother’s petition to change her minor child’s name by replacing her maiden name with the stepfather’s surname, while retaining the natural father’s surname, is approved. The change serves the child’s best interests because she is in therapy to deal ...

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