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Court of Appeals, Southern District

Domestic Relations Environmental: Poultry-Concentrated, Animal-Feeding Operation-Setback Distances-Validity of Commissioners

Plaintiffs sought judicial review of the Clean Water Commission’s approval of a permit application for a poultry-concentrated, animal-feeding operation. Plaintiffs argued that the applicant failed to show production-area setback distances or provide a copy of proposed building plans. Plaintiffs also ...

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Criminal Law: Sentencing-Oral Pronouncement

Where a trial court orally stated that a defendant’s sentences were to run concurrently with each other but the written judgment incorrectly stated that the sentences were to run consecutively, the case is remanded with instructions for the court to ...

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Criminal Law: Financial Exploitation of Elderly Person-Admission of Evidence

Defendant appealed from his conviction for financially exploiting an elderly person, challenging the trial court’s admission of certain exhibits and denial of defendant’s motion to dismiss at the close of evidence. Where defendant’s previous letters to the victim requesting loans ...

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Contracts: Breach-Calculation of Damages

Defendant appealed the judgment ordering it to pay damages to plaintiff for breach of contract. On appeal, defendant argued that the trial court applied the wrong measure of damages to plaintiff’s claim. Where defendant had contracted with plaintiff, not with ...

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Probate: Jurisdiction-Abatement

Where appellant challenged the dismissal of her civil case claiming that her deceased husband had conveyed via beneficiary deed two parcels of land in fraud of her marital rights, the trial court properly treated the motion to dismiss as stating ...

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Driver’s License: Suspension of Driving Privileges-Admission of BAC Test Results-Sufficiency of Foundation

The director appealed the trial court’s judgment setting aside an administrative suspension of petitioner’s driving privileges. Petitioner had petitioned for review of the suspension of her driving privileges for excessive blood-alcohol level. Petitioner consented to a BAC test, but paramedics ...

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Real Property: Zoning and Planning-Stop-Work Order-Proper Claim for Relief

Plaintiff appealed the trial court’s dismissal of its petition challenging defendant’s issuance of a stop-work order. Plaintiff had filed a petition for declaratory judgment and injunctive relief. The trial court granted defendant’s motion to dismiss, ruling that plaintiff’s exclusive remedy ...

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