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Court of Appeals, Eastern District

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Employer – Employee: Appellate Practice – Notice Of Appeal – Timeliness

Where an appellant filed an untimely notice of appeal, the appeal must be dismissed despite appellant’s dispute with the date of the denial of his motion to reconsider. Appeal is dismissed. Peet v. Carter, et al. (MLW No. 58673/Case No. ...

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Unemployment Compensation: Denial Of Benefits – Refusal Of Work – Good Cause

Where an unemployment compensation claimant was denied benefits because the commission found that she failed, without good cause, to accept an offer of suitable work from a former employer, the employer failed to meet its burden of proving an actual ...

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Real Property: Road Access – Prescriptive Easement – Adverse Possession

Where homeowners sought a prescriptive easement or an easement by necessity in a dispute with their neighbors over access to a road, testimony showed that use of the road by the homeowners had been permissive, so the plaintiffs failed to ...

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Real Property: Homeowners Association – Standing – Capacity To Sue

Where a homeowners association filed a petition alleging homeowners violated a subdivision indenture by erecting a shed without seeking approval, the trial court erred in dismissing the petition based on a finding that the association lacked standing because the legal ...

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Criminal Law: Involuntary Manslaughter – Criminal Negligence – Evidence

Where the state showed that a defendant in an involuntary manslaughter case drove on the wrong side of the road and was intoxicated, the evidence was sufficient to show that the defendant was criminally negligent to support the conviction, and ...

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