The Fifth Appellate District Court in Ohio has upheld a lower court’s decision in a case involving a rental property dispute between Harold Franks and Vera Thomas. The court affirmed the judgment of the Canton Municipal Court, which had ruled in favor of Franks, the property owner. Thomas, the tenant,…
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Title: Court Upholds Ruling in Bankruptcy Case, Rejecting Claims of Fraud and Liability
The Eleventh Circuit Court of Appeals has affirmed a lower court’s decision in a complex bankruptcy case involving ATIF, Inc. (the “Debtor”), a Florida-based title insurance company, and several related parties, including Old Republic National Title Insurance Company (“OR Title”) and Attorneys’ Title Fund Services, LLC (“ATFS”). The case centered…
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Divorce Court Rules: Retirement Funds Split Includes Gains and Losses
After a couple divorces, how are their retirement accounts split? In a recent case, the Indiana Court of Appeals clarified how gains and losses on a retirement account are handled when a property settlement agreement says the account will be divided. The court’s decision reinforces the idea that if an…
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Neighbor’s Liability in Assault Case: Court Says No Duty to Control, But Opportunity to Amend
A recent ruling by the California Court of Appeal, First Appellate District, Division Three, has partially reversed a lower court’s decision in a case involving a neighborhood dispute that turned violent. The case, *Sproul v. Vallee*, centers on a homeowner, Leslie Vallee, whose husband attacked their neighbors, Casey and Andrew…
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When Police Seize a Truck but No Longer Possess It, the Wyoming Supreme Court Clarifies the Outcome
The Wyoming Supreme Court has affirmed a lower court’s decision in a case involving a man, Scott Bressette, who sought the return of his truck or compensation after it was seized by law enforcement and later sold. The court ruled that the district court did not have the authority, under…
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Church’s Overnight Ministry Faces Legal Hurdles Over Fire Code Violations
Bryan, Ohio – A recent ruling by the Sixth Appellate District Court of Ohio has thrown a wrench into the operations of Dad’s Place of Bryan, a church that provides overnight shelter to those in need. The court reversed a lower court’s decision, finding that the trial court improperly applied…
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Court Rules on Timeliness of Prejudgment Interest in Equipment Dispute
The Second Circuit Court of Appeals has weighed in on a dispute between two construction equipment companies, American Piledriving Equipment, Inc. (APE) and Alessi Equipment, Inc. (Alessi), regarding the timeliness of a request for prejudgment interest. The court ultimately affirmed the lower court’s decision, finding that Alessi’s motion for prejudgment…
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Bank’s Foreclosure Attempt Fails Due to Prior Tax Sale
U.S. Bank Trust National Association found itself on the losing side of a legal battle in Cuyahoga County, Ohio. The Eighth Appellate District Court of Appeals affirmed a lower court’s decision, effectively blocking the bank’s attempt to foreclose on a property. The core issue revolved around a prior tax foreclosure…
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Indiana Court Upholds Property Division in Contentious Divorce Case
The Indiana Court of Appeals has affirmed a Hendricks County Superior Court decision in a highly contested divorce case, upholding the property division and child support orders. The case involved allegations of fraudulent asset transfers, uncooperative behavior from the husband and his parents, and a complex financial history. The court’s…
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Ohio Appeals Court Upholds Judgment in Cognovit Note Case, Finding No Merit in Employee’s Defenses
The Ohio Eighth District Court of Appeals has affirmed a lower court’s decision in a case involving a cognovit note, a type of promissory note that allows a creditor to obtain a judgment against a debtor without prior notice or a hearing. The case, *Overdrive Espresso LLC v. Shawna J.…