Justia Civil Procedure Opinion Summaries

In the mid-1990s, Bradford Jeffcoat and Sandra Perkins began a long-term relationship and lived together in a house Jeffcoat purchased in Charleston, South Carolina. In 2000, Jeffcoat deeded the property to himself and Perkins as joint tenants with the right of survivorship. Perkins developed dementia in 2009, and in 2015, her daughter Vanessa Williams took her to Alabama without Jeffcoat's knowledge. Williams was later appointed as Perkins' guardian and conservator by an Alabama probate court and deeded Perkins' interest in the property to herself. Perkins died in November 2015.Williams filed a petition in Charleston County court to partition the property by sale. Jeffcoat counterclaimed, alleging fraud, breach of fiduciary duty, and slander of title, and argued that the conveyance was invalid. The Charleston County Master-in-Equity granted summary judgment to Williams, finding that a joint tenant could unilaterally sever the joint tenancy under South Carolina law. The court of appeals affirmed the decision.The South Carolina Supreme Court reviewed the case and found that there were genuine issues of material fact regarding Jeffcoat's unclean hands defense, which precluded summary judgment. The court also held that the Alabama probate court had subject matter jurisdiction over the guardianship and conservatorship proceedings. However, the court determined that South Carolina Code section 27-7-40, which allows unilateral severance of joint tenancies, did not apply retroactively to the joint tenancy created before the statute's enactment. Under common law, the joint tenancy could be severed by unilateral conveyance.The Supreme Court reversed the summary judgment in part, affirmed the decision as modified in part, and remanded the case to the Master-in-Equity to resolve the unclean hands defense and determine whether it would defeat Williams' demand for partition. View "Williams v. Jeffcoat" on Justia Law

Linda Ager Coyle, the personal representative of Fred Ager's estate, filed a motion for confirmation of a specific devise related to the proceeds from the sale of storage units Fred had owned. Fred's will directed that the units be given in equal shares to his children, Linda and Jeff, with a life estate interest in half of the net rental income to his wife, Arlene Ager. Arlene filed a petition for supervised administration of the estate, which the circuit court granted. Subsequently, the court denied Linda's motion for confirmation of the specific devise.Linda appealed the circuit court's denial of her motion, and Arlene filed a notice of review seeking to challenge the court's earlier decision denying her motion to remove Linda as the personal representative. The Supreme Court of South Dakota issued an order to show cause, directing the parties to address whether the order denying the motion to confirm a specific devise was appealable. Linda argued that the order was appealable based on the precedent set in In re Estate of Geier, which held that each proceeding in an unsupervised administration is a final order. Arlene contended that the order was not final and not subject to review.The Supreme Court of South Dakota dismissed the appeal for lack of jurisdiction. The court held that a decision made prior to a final order terminating a supervised probate action is not governed by the Geier final order rule. The court emphasized that supervised administration is a single in rem proceeding under SDCL 29A-3-501, which contrasts with the multiple, independent proceedings allowed under SDCL 29A-3-107 for unsupervised administration. Since the order for supervised administration was signed before the denial of Linda's motion, the action had become a supervised administration, and the individual-proceeding rule of finality did not apply. Consequently, the court also dismissed Arlene's notice of review. View "Estate Of Ager" on Justia Law

Beneficiaries of a family trust sued the co-trustees, alleging mismanagement and the creation of a secret trust to withhold funds. They sought a declaratory judgment, accountings, and damages. The district court excluded all evidence of damages due to the beneficiaries' failure to provide a damages calculation as required by Federal Rule of Civil Procedure 26. Consequently, the district court granted summary judgment in favor of the co-trustees, as the beneficiaries could not prove damages and were not entitled to a declaratory judgment or accountings.The United States District Court for the Western District of Louisiana initially handled the case. The court granted the co-trustees' motion in limine to exclude damages evidence and subsequently granted summary judgment on all claims. The court found that the beneficiaries failed to provide a timely damages calculation and that their claims were time-barred under Louisiana law. The beneficiaries appealed the decision.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court affirmed the district court's decision, holding that the district court did not abuse its discretion in excluding the damages evidence. The appellate court applied the "CQ factors" to determine that the exclusion was justified due to the importance of the evidence, the prejudice to the co-trustees, the availability of a continuance, and the beneficiaries' lack of a valid explanation for their delay. Consequently, the court affirmed the summary judgment on all claims, as the beneficiaries could not prove an essential element of their case without the excluded damages evidence. The court also affirmed the dismissal of the beneficiaries' request for a declaratory judgment, as it was remedial in nature and dependent on the underlying claims for recovery. View "King v. King" on Justia Law

Thomas Labs, LLC, an Arizona limited liability company, sued Amber Marie Dukes and her veterinary supply company for money owed on products delivered. During the litigation, Dukes died, and her counsel filed a notice of death but did not serve any nonparty successors or representatives. Thomas Labs moved to substitute Dukes' trust and trustee, Jason Hilliard, as parties, which the district court granted. Later, Dukes' will was filed in probate court, appointing her brother, Lynn Hill, as personal representative. Dukes' counsel then moved to dismiss the case, arguing that neither Hilliard nor the trust were proper representatives.The Eighth Judicial District Court dismissed the claims against Dukes, concluding that the 180-day deadline for substitution under NRCP 25(a) had passed. The court found that service of the notice of death on the parties alone triggered the deadline, even though no court-appointed executor or administrator existed when the notice was filed. The district court also denied Thomas Labs' motion to substitute a special administrator, Shara Berry, as untimely.The Supreme Court of Nevada reviewed the case and clarified that under NRCP 25(a), when a decedent's attorney files a notice of death, they must serve the notice on nonparty successors or representatives to start the 180-day deadline for substitution. The court also noted that NRS 7.075 requires the decedent's attorney to file a motion to substitute a proper party within 90 days of the client's death. The Supreme Court found that the 180-day deadline never started because Dukes' counsel failed to serve the nonparty successors or representatives. Consequently, the district court's dismissal was reversed, and the case was remanded for the substitution of a special administrator for Dukes. View "THOMAS LABS, LLC VS. DUKES" on Justia Law

Gail Andersen appealed a decision rejecting her challenges to her mother Barbara Colanton's will and trust. Barbara had two daughters, Andersen and Brenda Grant, who had a falling out after their father's death in 2000. Barbara revised her estate plan multiple times, with significant changes in 2015 that favored Grant. Andersen alleged that Barbara was cognitively impaired and that Grant exercised undue influence over her when the 2015 revisions were made.The Circuit Court (Weaver, J.) found that Barbara had the legal capacity to execute the will and trust documents. It also determined that Grant, being in a fiduciary relationship with Barbara, had the burden to show a lack of undue influence. The court applied the preponderance of the evidence standard, concluding that Grant met her burden. However, it also noted that Grant did not meet the burden by clear and convincing evidence, anticipating a possible appeal.The Supreme Court of New Hampshire reviewed whether the trial court erred in applying the preponderance of the evidence standard instead of the clear and convincing evidence standard. The court held that the preponderance of the evidence standard was appropriate, aligning the burden of proof for undue influence with that for testamentary capacity. The court reasoned that this standard strikes a balance between respecting the decedent’s wishes and protecting against undue influence. The court affirmed the lower court's decision, noting that the legislature could establish a different burden of proof if it disagreed with this standard. View "In re Estate of Colanton" on Justia Law

Duane Durr, diagnosed with mild cognitive impairment, appointed his step-daughter, Dawn Volden, as his attorney-in-fact in 2017, granting her broad discretion over his assets. Volden used Durr’s credit cards and checking account for various expenditures, some of which Durr later claimed were unauthorized. Durr filed a lawsuit against Volden in 2021, alleging she breached her fiduciary duties and seeking an accounting of her spending.The District Court of Cass County held a three-day bench trial in May 2023. The court found that while Volden owed Durr a fiduciary duty, the evidence was insufficient to prove she breached that duty. The court noted that some transactions seemed suspect but concluded that most were permitted under the power of attorney. The court dismissed Durr’s claims, finding he failed to prove Volden’s actions constituted willful misconduct or gross negligence.The North Dakota Supreme Court reviewed the case and found that the district court erred by not applying the presumption of undue influence, which should be applied to transactions between parties in a confidential relationship, such as an attorney-in-fact and their principal. The Supreme Court held that Durr had met his burden by showing suspicious transactions and unaccounted-for withdrawals, shifting the burden to Volden to disprove the presumption of undue influence. The court reversed the district court’s judgment and remanded the case for further proceedings consistent with its decision, requiring the lower court to apply the correct legal standard and burden shift. View "Durr v. Volden" on Justia Law

Chadwick R. Traylor challenged the testamentary trust of his father, Donald R. Traylor, alleging undue influence by the defendants, who were beneficiaries under the trust. Traylor claimed that the defendants manipulated his father into amending the trust to their benefit. The district court, after a bench trial, denied Traylor’s claims and enforced the trust’s no-contest clause against him.The District Court of Natrona County initially set the case for a jury trial but later struck Traylor’s jury demand as untimely. Traylor argued that the demand was timely because not all defendants had answered, but the court disagreed, ruling that the time for serving the demand began when Traylor answered the defendants’ counterclaims. The court also denied Traylor’s subsequent motion for reconsideration and his request for a jury trial under W.R.C.P. 39(b), finding no extraordinary circumstances to justify such relief.The Wyoming Supreme Court reviewed the case and affirmed the district court’s decisions. The Supreme Court held that Traylor waived his right to a jury trial by failing to timely serve his demand. The court also found no abuse of discretion in the district court’s denial of Traylor’s Rule 39(b) request for a jury trial. Additionally, the Supreme Court ruled that the district court applied the correct burden of proof, requiring Traylor to prove undue influence by a preponderance of the evidence, not by clear and convincing evidence. The court found that Traylor failed to meet this burden.The Supreme Court also upheld the district court’s enforcement of the no-contest clause against Traylor, interpreting the trust’s language to include him as a beneficiary subject to the clause. Finally, the Supreme Court found no abuse of discretion in the district court’s award of costs to the defendants, noting that Traylor did not provide an adequate record for review. The court affirmed the district court’s judgment in all respects. View "Traylor v. Green" on Justia Law

Kathleen and Bruce Smith filed a petition to confirm the validity of a 2016 amendment to a trust established by Ernest Myers. The amendment would grant the Smiths Ernest’s 54.2 percent interest in a property, adding to their existing 45.8 percent interest. Without the amendment, the trust would give Ernest’s interest to Emma Myers, his widow. Emma argued that the Smiths’ petition was barred by the statute of limitations under Code of Civil Procedure section 366.3, which requires claims arising from a promise or agreement with a decedent to be filed within one year of the decedent’s death.The Superior Court of Glenn County denied Emma’s motion for summary adjudication, concluding that section 366.3 did not apply to the Smiths’ petition, as it concerned the internal affairs of a trust rather than a promise relating to a distribution. After a bench trial, the court ruled in favor of the Smiths, validating the amendment and ordering Emma to transfer the property interest to them. Emma’s cross-petition to invalidate the amendment was denied.The Court of Appeal of the State of California, Third Appellate District, reviewed the case. The court affirmed the lower court’s decision, agreeing that section 366.3 did not apply to the Smiths’ petition. The court held that the statute of limitations in section 366.3 pertains to claims based on promises or agreements to create testamentary documents, not to claims based on the documents themselves. Consequently, the trial court’s judgment in favor of the Smiths was upheld, and Emma’s appeal was dismissed. View "Smith v. Myers" on Justia Law

Carlton Loeber, the trustor of an irrevocable trust owning two undeveloped properties within the Lakeside Joint School District, sought to place an initiative on the ballot to exempt taxpayers over 65 from any district parcel tax on undeveloped parcels. The district declined to call the election, citing cost concerns and legal objections. Loeber filed a petition for a writ of mandate to compel the district to place the initiative on the ballot. The trial court dismissed the petition, ruling that Loeber lacked standing.The trial court found that Loeber did not have a direct and substantial interest in the initiative because he did not personally own property in the district and failed to show that the trust could qualify for the exemption. The court also rejected Loeber’s public interest standing argument, noting the lack of public engagement and the significant cost to the district. The court concluded that the public need was not weighty enough to warrant the application of the public interest exception.The California Court of Appeal, Sixth Appellate District, reviewed the case and determined that Loeber had standing under the public interest exception, given the significant public right at issue concerning the initiative power. However, the court concluded that the proposed initiative did not fall within the scope of Article XIII C, Section 3 of the California Constitution, which allows initiatives to reduce or repeal local taxes. The court held that the initiative, which sought to create a new exemption for certain taxpayers, did not constitute "reducing" a tax within the meaning of the constitutional provision. Consequently, the district was not obligated to call an election on the initiative. The judgment was modified to deny the writ petition and affirmed as modified. View "Loeber v. Lakeside Joint School District" on Justia Law

This case involves a dispute over the will of the late Donelson C. Glassie. The plaintiff, Marcia Sallum Glassie, is the testator’s former wife. She appealed from a Superior Court judgment in favor of the defendant, Paul Doucette, in his capacity as Executor of the Estate of Donelson C. Glassie. The Superior Court affirmed an order of the Newport Probate Court denying the plaintiff’s petition for leave to file a claim out of time against the estate. The denied claim would have alleged a breach of contract, based on the plaintiff’s contention that a key provision of the testator’s will violated the terms of the couple’s property-settlement agreement.The plaintiff and the testator were married in 1986, had three children, and were divorced in 1993. According to their property-settlement agreement (PSA), the testator was to execute a will that would not only treat his obligations under the PSA as “a claim against any assets in [his] [e]state” but also “specifically bequest to [plaintiff] an amount equal to said obligations.” A dispute soon unfolded over what the PSA required of the testator’s will.In 2017, the Supreme Court of Rhode Island vacated the Superior Court judgment on multiple grounds. Relevant to the present appeal, the court determined “that the disputed provision in the will is ambiguous” because it “does not clearly specify under what circumstances plaintiff is to receive the sum of $2,000,000 or the circumstances under which she is to receive such other amount necessary to satisfy all of [the testator’s] remaining obligations.” Because “a proper resolution of this matter require[d] factfinding and conclusions of law with respect to [the] testator’s intent,” the court remanded the case to the Superior Court.Back in Superior Court, the plaintiff sought to amend her complaint with a claim for breach of contract. The Superior Court denied plaintiff’s motion to amend her complaint, in part because she did not first submit the claim to the probate court, and also because the applicable statute of limitations had expired. The plaintiff thereafter filed a petition in the Newport Probate Court for leave to file a claim out of time and, after the court denied her petition, she appealed that denial to the Superior Court.The Supreme Court of Rhode Island affirmed the judgment of the Superior Court, concluding that the plaintiff’s failure to timely present her claim for breach of contract was not due to excusable neglect and, therefore, her claim must be denied. View "Glassie v. Doucette" on Justia Law