Appellate Court Opinions

interlocutory appeal; motion for judicial recusal

interlocutory appeal; motion for judicial recusal

Legal Malpractice; Motion for Summary Judgment; Preservation of Issue on Appeal

driving while impaired conviction; aggravating factors not found by a jury; reckless driving conviction; reconvening order.

Tortious interference with contract; covenants not to compete; directed verdict; hearsay evidence

Summary judgment; real property

board of adjustment, BOA, zoning, notice, zoning permit, zoning determination, zoning violation, bona fide farm, federal permit, perennial stream, setbacks, waterbody buffer zone, riparian buffer area, riparian buffer requirement, USGS, quadrangle map, de novo, whole records test, unconstitutionally vague, as-applied.

Medical malpractice

dwi; administrative hearing; department of motor vehicles; findings of fact; conclusion of law; trial court; dmv hearing officer; reverse

presumption of undue influence, fiduciary relationship, undue influence

industrial commission; findings of fact; conclusions of law; doctor; testimony; sufficient; evidence; competent

Summary judgment; damage to real property (condominium)

Immediate income withholding; IV-D case.

Ineffective assistance of counsel; justification defense; possession of a firearm by a felon.

indirect criminal contempt; temporary restraining order (TRO); defamation and harassment; first amendment rights; ineffective assistance of counsel (IAC); motion to show cause; stipulated facts; waiver of appellate review; motion for appropriate relief (MAR).

Error by trial court in entry of direct contempt; affidavit of indigency; probation violation

jurisdictional sufficiency of indictment, jury instructions, variance between indictment and instructions, authentication, rule 901

Felony child abuse; insufficiency of evidence; improper expert witness testimony

resentencing; independent review; presumptive range