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Court of Appeals, Southern District

Contracts: Breach-Measure of Damages

Defendant appealed from the judgment entered against it following a bench trial in plaintiff’s breach-of-contract action. On appeal, defendant argued that the trial court applied the wrong measure of damages, arguing that the correct standard was cost of repair. Defendant ...

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Probate: Distribution of Estate Property-Appointment of Personal Representative

Plaintiff appealed the probate judgment and order directing distribution of her husband’s estate property despite her objections. Plaintiff argued that the trial court lacked authority to appoint the personal representative and should have instead appointed the public administrator as requested ...

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Domestic Relations: Divorce-Division of 401(k) Assets

Wife appealed from the judgment dissolving her marriage, which ordered an agreed-upon adjustment in the division of husband’s 401(k), arguing that the adjustment was “contrary to the agreement of the parties” and contrary to “the opinion of the plan administrator” ...

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Criminal Law: Unlawful Business Practices-Sufficiency of Evidence

Defendant appealed from his conviction for unlawful merchandising practices, deceptive business practices, identity theft and attempted stealing by deceit. On appeal, defendant argued that he was improperly denied the right of self-representation and further challenged the sufficiency of evidence supporting ...

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Contracts: Breach-Magnuson Moss Warranty Act

Defendant appealed from the judgment entered in favor of plaintiff, who had performed repairs on defendant’s truck, awarding plaintiff damages and denying defendant’s counterclaim under the Magnuson Moss Warranty Act. Where the jury heard evidence sufficient to find that plaintiff’s ...

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Criminal Law: Post-Conviction Relief-Ineffective Assistance of Counsel

Defendant filed a motion for post-conviction relief following his conviction for the homicide of his father. Following an evidentiary hearing, the trial court ruled that trial counsel failed to interview, investigate and subpoena a witness who could have provided testimony ...

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Domestic Relations: Divorce-Equitable Distribution

Husband appealed from the judgment of divorce, challenging the trial court’s exercise of discretion in dividing the couple’s marital property, in particular wife’s 401(k) and stock ownership plan, along with the trial court’s order requiring husband to pay wife attorneys’ ...

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