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28 Oct 2016, 9:40 am
According to case records, the problems started when he was switched to generic Zyprexa. [read post]
8 Apr 2016, 4:20 pm
Finding a statutory waiver under § 6254.5, the trial court denied the City’s motion to compel return of the documents, and the Court of Appeal affirmed. [read post]
27 Jan 2010, 5:15 pm
The Court of Appeals reversed the trial court’s decision, explaining that the ”‘mere possession of a record by a public body’ does not render the record a public document. [read post]
18 Sep 2010, 9:38 am
Recently, I wrote and argued an appeal in the Second Circuit Court of Appeals. [read post]
2 Jul 2023, 5:37 am
Plaintiff sought an administrative determination by the county’s planning department (the “Department”), appealed to the zoning board of appeals (the “ZBA”), and then petitioned the Superior Court of Forsyth County (the “Superior Court”) that affirmed the ZBA’s ruling against Petitioner. [read post]
11 Dec 2015, 9:36 am
The court stated the only evidence in the record demonstrated that the truck driver was complying with the posted speed limit and attempted to avoid striking the pedestrian. [read post]
16 Feb 2024, 2:21 pm
Under this test, there is enough evidence in the record to support the DHR's finding, the Court of Appeals holds, as (1) the letter reasonably suggested the apartments were threatening litigation against City Vision and Renner, and (2) the letter "shocked" its recipients and forced City Vision to spend resources to find counsel to address the threat. [read post]
25 Oct 2011, 6:44 pm
The trial court entered judgment for the defendant at the close of plaintiff's case because the plaintiff did not present expert testimony.Plaintiff also failed to obtain a transcript and file the transcript with the record on appeal.Comment: Plaintiff made two errors - failing to obtain an expert and failing to make sure the record was preserved for any appeal.'via Blog this' [read post]
4 Aug 2008, 1:42 am
A motion for new trial is a prerequisite to presenting a point of error on appeal only when necessary to adduce facts not in the record.... 21.4 Time to File and Amend Motion. [read post]
17 Jan 2015, 3:53 pm
The opinion of the Second District Court of Appeal in McDade v. [read post]
14 Jan 2010, 4:12 pm
On appeal, the 10th Court of Appeals properly identified the four predicate elements for the use of a recorded recollection: the witness must have firsthand knowledge of the event,the written statement must be an original memorandum made at or near the time of the event while the witness had a clear and accurate memory of it,the witness must lack a present recollection of the event, andthe witness must vouch for the accuracy of the… [read post]
11 Nov 2014, 8:13 am
In 2005, the developer had recorded covenants that gave the board of the homeowners’ association (HOA) approval rights over any new construction. [read post]
11 Nov 2014, 8:13 am
In 2005, the developer had recorded covenants that gave the board of the homeowners’ association (HOA) approval rights over any new construction. [read post]
30 Oct 2023, 11:37 am
In this case, the court did not determine on the record whether the defendant was an “eligible youth. [read post]
4 Aug 2016, 8:30 am
In the end, the Court of Appeals rules in favor of a prison inmate who was denied the use of his motorized wheelchair.The case is Wright v. [read post]
24 Oct 2019, 12:00 am
The Court of Appeal allowed the appeal. [read post]
17 Mar 2015, 10:06 am
The Court of Appeal rejected that argument for two reasons. [read post]
19 Aug 2009, 11:34 am
The Court of Appeals agreed that there was evidence in the record that could have established a material issue of fact, but concluded that the duty was on the party opposing the motion, not the court, to locate and present that evidence. [read post]
15 May 2015, 9:35 am
Prudential unilaterally attempted to “toll” their appeal decision deadline, and essentially reset the clock and the 90 day period to determine her appeal for a period after we had supplemented the record. [read post]
18 Feb 2025, 7:01 am
On appeal, a unanimous panel of the Fourth Circuit affirmed. [read post]