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6 Oct 2008, 6:48 pm
Miller - Judge Fisher writes:The issue the Court must decide is whether the probate court abused its discretion in granting the Department's motion for an extension of time to file its notice of appeal with this Court under Trial Rule 72(E). * * * In concluding that the probate court rendered a final appealable judgment during the April 25, 2006 hearing, the Court must also conclude that the Department had actual knowledge of the judgment, as it was rendered in the… [read post]
8 Nov 2012, 9:51 am by Arthur F. Coon
In a case notable for its unique conception of “meaningful discretion” for purposes of triggering CEQA review, the Fifth District Court of Appeal has created a split in authority that will undoubtedly require Supreme Court review (or depublication) to resolve.  [read post]
6 Mar 2023, 11:50 am by Arthur F. Coon
The Court of Appeal’s Opinion Much of the Court’s Opinion dealt with the statutory basis and nature of the state’s preemption over the field of traffic control, under which a city only has such authority over vehicular traffic control as the Legislature expressly provides. [read post]
3 Dec 2013, 1:05 pm by Blue Blog
§§ 13-10-62 and 13-20-63″ (which is often called “The Little Miller Act”). [read post]
9 Nov 2011, 5:38 pm by Scott Calvert
October 18, 2011), the Court considered an appeal from a District Court ruling that entered summary judgment in favor of Blue Cross on two causes of action. [read post]
26 Apr 2022, 3:08 pm by Geoff Schweller
Kohn of Kohn, Kohn & Colapinto and Dean Zerbe of Zerbe, Miller, Fingeret, Frank & Jadav. [read post]
2 Oct 2007, 10:51 am
She appeals from the grant of Modern Continental's motion for summary judgment upon her complaint for damages arising therefrom. [read post]
15 Jun 2023, 12:10 pm by Arthur F. Coon
The Court of Appeal’s Opinion The Court of Appeal held as a matter of law that the trial court misapplied the “interrelated factors test” in denying the preliminary injunction in the CEQA action. [read post]
27 Jun 2023, 3:15 pm by Arthur F. Coon
The Court of Appeal’s Opinion In its published opinion, the Court of Appeal brushed aside what it termed the “procedural issues” raised by the City, which included not just lack of standing and exhaustion, but a mootness argument based on passage of a ballot measure adopted during the litigation essentially “ratifying” the identical overlay ordinance; the Court simply assumed Lucas prevailed on those issues so that it could reach the merits of the… [read post]