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Attorneys: Malpractice-Federal Question-Diversity Jurisdiction

Plaintiffs appealed from the dismissal of their action against attorney defendants for lack of subject-matter jurisdiction. Where plaintiffs failed to identify a federal question and where there was a lack of complete diversity between the parties, the district court properly ...

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Probate: Amendments to Will, Trust and Beneficiary Forms-Mental Capacity

Defendant appealed from the judgment finding that the amendments to his grandmother’s will, trust and beneficiary forms, which named him and his cousin as beneficiaries, were null and void because she lacked sufficient mental capacity and because they were the ...

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Criminal Law: Unlawful Possession of a Firearm-Knowledge of Felon Status

Defendant appealed from his conviction for unlawful possession of a firearm, contending that the trial court erred in denying his motion for judgment of acquittal and entering judgment and sentence against him when the state failed to prove defendant knew ...

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Criminal Law: Post-Conviction Relief-Abandonment by Counsel

Defendant appealed the denial of his motion for post-conviction relief, arguing that because post-conviction counsel’s amended motion was untimely, he was entitled to a hearing on whether he had been abandoned by counsel. Defendant further contended that trial counsel was ...

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Negligence: Medical Malpractice-Jury Instructions

Defendant appealed from the jury verdict entered against it in the medical-malpractice, wrongful-death case filed by plaintiffs after decedent, an admitted high-risk candidate for surgery, died from complications following surgery. On appeal, defendant argued that the trial court erroneously charged ...

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Negligence: Sexual Battery-Failure to Supervise

Plaintiff appealed from the grant of summary judgment to defendants, dismissing plaintiff’s complaint alleging sexual abuse or battery, negligent supervision, intentional failure to supervise, intentional infliction of emotional distress and breach of fiduciary duty. Where consideration of the issues raised ...

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Domestic Relations: Paternity-Child Support

Mother appealed from the trial court’s judgment that granted father sole legal and physical custody of the parties’ child, with mother having visitation, in addition to awarding father child support and ordering mother to pay father’s attorneys’ fees and a ...

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