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Civil Practice: Sufficiency Of Petition – Dismissal

Where a county sued a local government council, its executive director and board and committee members alleging statutory and by-law violations, the trial court properly granted the defendants’ motions to dismiss because the factual averments of the county’s petition were ...

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Workers’ Compensation: Second Injury Fund – Subrogation – Third-Party Recovery

Where a workers’ compensation claimant who was injured in an auto accident recovered against the other driver’s insurance company for the $100,000 policy limits and received an award of permanent total disability benefits, the Second Injury Fund is entitled to ...

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Tort: Defamation – Damages – Insurer Defendant

Where plaintiff won a defamation action against his insurer based on statements made by the insurer in a letter denying plaintiff’s claim for loss after a fire, the insurer’s motion for directed verdict failed to preserve for appeal the issues ...

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Real Property: Implied Easement – Pre-Existing Use – Evidence

Where landowners sought an implied easement by necessity across respondent’s property, the landowners failed to present sufficient evidence concerning the condition of the property at the time of conveyance, so they failed to prove an easement implied from pre-existing use, ...

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Domestic Relations: Child Support – Immediate Withholding – Retirement Accounts

(1)Where father paid the majority of his daughter’s expenses  during a couple’s separation and the mother did not file a motion for temporary support, the record showed that the husband presented evidence of good cause not requiring immediate income withholding, ...

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Criminal Law: Failure To Return To Confinement – Sufficiency Of Evidence – State Custody

Where a defendant, who requested a stay of his sentence to spend the holidays with his family before going to jail for drunk driving, returned to custody later than ordered by the court, in order to be guilty of failure ...

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Criminal Law: Competency – Court’s Observations – Preponderance Of Evidence

Where a trial court found a defendant competent to stand trial based on its own observations and in disregard of two experts’ opinions, uncontroverted evidence showed that the defendant was mentally retarded, and the appellate court would reverse the determination ...

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Contracts: Termination – Damages – Cost Avoided

Where a trial court found that an installer of fire protection systems materially breached an agreement with a purchaser allowing the purchaser to terminate the contract and the court discharged the purchaser’s remaining payment obligations and charged the cost of ...

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