Showing posts with label court mistake. Show all posts
Showing posts with label court mistake. Show all posts

Thursday, June 27, 2013

Conflict in the Court


The following case is from the Gibson Juvenile Court. The Mother and Father in the case were originally represented by the same attorney when they both had the same interest. The interest of the Father changed. The Mother's attorney then sited obvious conflict of interest regarding his representation of the Mother because he had previously consulted with both parties when they agreed on the issues. The Court should have granted a continuance to allow the Mother to seek new representation or represent herself. The complete case can be read here Gibson Juvenile Court Case.

Wednesday, May 29, 2013

The Haggard Case

The Haggard case is a good example of the Court making an equitable division of marital property. The Court even corrected itself on a Motion to Alter or Amend to get an equitable division. This is also an example of the Court being big enough to admit it made a mistake. 

After the trial court entered a final decree of divorce, the wife filed a motion to alter or amend, seeking a modification of the division of marital property. The trial court granted the motion to alter or amend, stating that the court was operating under a misconception concerning the wife’s position at trial, which rendered the division of marital property inequitable. The court awarded an asset previously awarded to the husband to the wife instead. Husband appeals. We affirm...read the full case here.