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Tag Archives: Judge James P. Fisher

Mother awarded sole legal custody after lengthy dispute (access required)

Where the parties have been litigating custody and visitation matters regarding their minor child since 2009, the court awards mother sole legal custody. The court further orders that mother is “the keyholder and tiebreaker as to any visitation dispute” and ...

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Probable cause to arrest for driving under the influence (access required)

An officer had probable cause to arrest defendant for driving under the influence based on signs that defendant’s alcohol consumption observably affected his “his manner, disposition, speech, muscular movement [and] general appearance or behavior.” Further, despite defendant’s arguments to the ...

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Statute allows substitute to confess judgment (access required)

A statute that provides a method for appointing a substitute attorney in fact after a confession of judgment is executed defeats defendants’ argument that a successor must be named in the original instrument. Plaintiff’s motion to affirm a confession of ...

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Fault-based claims lack specificity (access required)

Wife’s demurrer to cruelty and constructive desertion claims in husband’s amended counterclaim is sustained with prejudice because there is “insufficient detail” to specifically inform her of the complained-of conduct. Overview Wife sued for divorce on grounds of adultery and desertion. ...

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Fifth Amendment assertions to discovery requests rejected (access required)

Where this court previously ruled that husband could not assert his Fifth Amendment privilege in response to wife’s interrogatories, requests for documents and requests for admissions related to his alleged adultery, the court affirms its previous order and declines to ...

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Demurrer to fair housing complaint overruled (access required)

The commonwealth has pleaded sufficient circumstantial allegations to establish a prima facie case of unfair housing discrimination. Defendant’s demurrer to the complaint is overruled Background Gilliard, who is Black, met with Fox, who is White and one of the defendants ...

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Husband’s spousal support obligation eased (access required)

Where wife’s income and expense worksheet “exaggerates her need for financial support,” the court will modify its previously issued pendente lite spousal support award. Prior proceedings The parties were married in August 2014. They have no children but wife has ...

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