Search for: "Movant's Response to the Court's Order to Show Cause"
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7 Aug 2012, 1:28 pm
The province of a court [read post]
27 Jul 2012, 9:37 am
Only a “mere showing of good cause is required for setting aside an entry of default. [read post]
4 Jul 2012, 3:18 pm
Once movant has made the requisite showing, the burden shifts to the nonmoving party to produce evidentiary proof, in admissible form, sufficient to establish the existence of a triable issue of material fact. [read post]
23 Apr 2012, 6:04 am
The evidence showed that, despite the 15-year marriage, under the agreement, plaintiff would be entitled to retain property valued at about $4,600,000, while defendant would be entitled to only an IRA account valued at approximately $30,550. [read post]
21 Apr 2012, 7:10 pm
A Manhattan Personal Injury Lawyer said that a summary judgment shall only be granted when there are no issues of material fact and the evidence requires the court to direct a judgment in favor of the movant as a matter of law. [read post]
2 Apr 2012, 7:04 am
In a separate order, the court adjudged defendant to be in contempt of the pendente lite order, but imposed no punishment. [read post]
31 Dec 2011, 1:19 pm
D.M.T., Appellee. 5th District.Civil procedure -- Intervention -- Trial court did not abuse its discretion in denying motion to reconsider order of dismissal because of pending late-filed motion to intervene -- Intervention may not be allowed after final judgment save in the interests of justiceLESLIE K. [read post]
16 Oct 2011, 6:42 pm
Appeals -- Preservation of issue -- Appeal alleging that circuit court had no procedural basis to enter final order -- Where nothing in plaintiff's appendix suggests he raised his procedural argument to the circuit court, and plaintiff has not provided a transcript of the hearing which led to the final order, the appellate court is forced to conclude that the plaintiff has not preserved his procedural argument -- Based on circuit… [read post]
11 Aug 2011, 9:14 pm
Lawns’s motion, the trial court’s order is a general order.[3] See Lang v. [read post]
9 Jul 2011, 3:12 pm
AND MOLLY LANGFORD, Appellees.............................................................On Appeal from the 95th Judicial District Court Dallas County, TexasTrial Court Cause No. [read post]
12 Jun 2011, 4:00 am
At this point, there was no way Jannx would get any favorability from this Court and were thus denied for not meeting their burden of showing good cause. [read post]
1 Jun 2011, 6:34 am
Invocation of laches requires a showing of both delay and prejudice. [read post]
27 Apr 2011, 6:59 am
It held that Family Court properly took judicial notice of the order of filiation entered on consent. [read post]
1 Apr 2011, 8:03 am
Legal Standard for a Motion for Summary Judgment Summary judgment is appropriate when the pleadings and evidence show “that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. [read post]
15 Feb 2011, 9:46 am
Because the removal of the child from the state may seriously affect the visitation rights of the noncustodial parent, the statute requires the custodial parent to show cause why the move should be permitted. [read post]
14 Feb 2011, 7:07 am
The Response: All of a sudden nothing was at it seemed just days before… SPS asks the court for more time and rushes out for reinforcements, bringing in a “tall building” law firm from New York City to replace the relative pikers at Baum’s Mill. [read post]
21 Jan 2011, 8:03 pm
Civil procedure -- Dismissal -- Failure to prosecute -- Good cause -- Plaintiff did not file timely showing of good cause where showing of good cause was filed four days before hearing on Notice of Lack of Prosecution -- Rule 1.420(e) provides that showing of good cause must be made “at least 5 days before the hearing,” and rule establishes a bright line for providing good cause -- Error to deny motion to dismiss for… [read post]
10 Dec 2010, 5:41 pm
DISCUSSION Summary judgment is appropriate when “the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law. [read post]
9 Nov 2010, 2:16 pm
Because this case is before us on summary judgment, however, we review a district courts grant of summary judgment de novo and construe the facts in the light most favorable to the non-movant. [read post]
25 Aug 2010, 10:35 am
The sanction may consist of (1) an order to pay a penalty into court, or (2) an order directing payment to the movant of some or all of the reasonable attorneys’ fees and other expenses incurred as a direct result of the violation, or both. [read post]