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Court of Appeals, Eastern District

Civil Practice: Condemnation-Judge Request

(1)Where appellant land owner challenged a judgment awarding him $573,000 as compensation for the condemnation of his property and assessing $21,207 in costs against him, the presiding judge had authority to specially assign the action to another judge, so the ...

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Criminal Law: Assault-Sufficiency of Evidence

Where a defendant, who was convicted on charges including second-degree assault and armed criminal action, challenged his convictions, the evidence was sufficient to support the conviction because he fired a gun toward a vehicle that he knew contained three passengers, ...

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Contracts: Breach of Contract-Batson-Challenge Prejudgment Interest

(1)Where appellant general contractor and respondent office building owner cross-appealed in a dispute arising from a construction contract, the appellant’s Batson challenge failed because it did not show that the respondent’s reason for a strike was pretext, and the judgment ...

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Civil Practice: Public Nuisance-Injunction

Where appellants challenged a permanent injunction prohibiting them from operating a commercial swimming facility on their property until certain safety conditions were met, the trial court did not err in concluding that appellants’ operation of the facility was a public ...

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Workers’ Compensation: PTD-Future Employment-Physician Testimony

Where a claimant challenged the denial of permanent total disability benefits, the Labor and Industrial Relations Commission erred by requiring the physician who testified about the claimant’s work-related injury to state an opinion on the claimant’s ability to obtain future ...

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Insurance Law: Vexatious Refusal-Sufficiency of Evidence-Deposition Testimony

Where an insurer challenged a judgment for an insured who sought uninsured motorist benefits after an auto accident, the insured made a submissible case on the insurer’s vexatious refusal to pay, and the trial court did not err in allowing ...

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