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14 Oct 2013, 3:35 pm
S A FLORIDA INTERNATIONAL, LLC, a foreign limited liability company, d/b/a OEC LATIN AMERICA, Appellee. 3rd District.Civil procedure -- Dismissal -- Failure to prosecute -- Error to grant motion to dismiss for lack of prosecution where movant did not provide required sixty-day notice required by revised rule and neither movant nor trial court recognized three instances of record activity preceding dismissal -- Any filing of record during applicable time frame is sufficient to preclude… [read post]
29 Dec 2017, 7:34 am
The topic had already been subject to nearly 20 references to the CJEU for preliminary rulings, and yes, there would be more from the court in 2017 as the decisions in Filmspeler, C-527/15, and Ziggo, C-601/15 (The Pirate Bay) loomed! [read post]
7 Aug 2018, 9:24 pm
L. c. 276, § 57 or § 58, a judge must consider a defendant’s financial resources, but is not required to set bail in an amount the defendant can afford if other relevant considerations weigh more heavily than the defendant’s ability to provide the necessary security for his appearance at trial. [read post]
26 Oct 2007, 11:01 am
Bagby, II - "Carla (Bagby) Browell ("Mother") appeals the trial court's grant of Rick Bagby's ("Father") petition to modify custody after Mother filed a notice of intent to move to Nashville, Tennessee. [read post]
28 Jun 2020, 9:01 pm
That’s it. [read post]
14 Aug 2021, 6:32 pm
R. 201(c)(1) Sometimes, the objection is that the discovery simply isn’t worth it. [read post]
16 Jul 2011, 8:34 am
(c) The date of termination. [read post]
22 Oct 2023, 5:12 pm
Property is unlawfully appropriated if it is:taken without the actual owner’s explicit consent;stolen property and the actor knows it’s stolen but takes it anyway; orstolen property in the custody of law enforcement and the actor takes it knowing it was stolen by another.In layman’s terms, if you take something that isn’t yours with no intention of giving it back – including a motor vehicle – you are committing theft in… [read post]
27 Jun 2014, 6:00 am
Code §§ 2703(a), (b) and (c) to disclose certain records and contents of electronic communications relating to an Apple e-mail address. [read post]
8 Aug 2007, 4:31 am
The question is whether the State presented clear and convincing evidence that Mother was unfit to have custody and control of FM as of the time of the trial. [read post]
30 Dec 2015, 12:02 pm
Marsha Kline Pruett’s presentation on the shared parenting debate with young children). [read post]
20 Jul 2010, 8:07 am
“A finding of a purpose to harass may be inferred from the evidence presented,” and “[c]ommon sense and experience may inform that determination. [read post]
14 Aug 2021, 6:31 am
“In child custody proceedings…an initial case management conference pursuant to Rule 218 shall be held not later than 90 days after the petition or complaint has been served upon the respondent. [read post]
15 Jun 2011, 5:01 am
Code § 875(c) (which I’ve discussed in earlier posts) – the U.S. [read post]
6 Jan 2016, 11:12 am
A subsequent reconciliation would not appear to invoke relief under subsections (b), (c) and (d). [read post]
17 Jun 2014, 3:01 pm
If an incorrect color cap was used on a vial, or if an anticoagulant or preservative was omitted, this may offer “reasonable doubt” about the integrity of the blood test result, particularly if gaps exist in the chain of custody. [read post]
18 Jul 2013, 8:14 am
Pursuant to Rule 55(c), SCRCP in order to file an untimely answer and counterclaim after the entry of a default order one must demonstrate “good cause shown. [read post]
21 Oct 2011, 1:34 pm
This past Wednesday, a Transportation Security Officer's search of a suspicious bag at Baltimore Washington International Thurgood Marshall Airport's C-Pier checkpoint yielded five credit cards and an additional driver's license... all belonging to different people, none of which belonged to the passenger. [read post]
8 Dec 2016, 1:55 pm
Subsection (b) created an exception for post-judgment modifications of custody, visitation, or child support orders to permit them to be served by mail. [read post]
26 Sep 2013, 11:04 am
Generally, the police department that seized the vehicle will transfer it to the custody of the county sheriff within a week or two. [read post]
