Justia Civil Procedure Opinion Summaries

Father, a Florida resident, filed this diversity suit against Daughter, a Massachusetts resident, in the District of Massachusetts, alleging that Daughter, to whom he had given a power of attorney, breached her fiduciary duty to him. The jury returned a verdict in Father’s favor. Daughter appealed, and Father cross-appealed. The First Circuit affirmed, holding that the district court (1) did not err in denying Daughter’s motion for judgment as a matter of law; and (2) did not err in awarding Father prejudgment interest from the date that he filed this lawsuit rather than the date Daughter breached her fiduciary duty. View "Berkowitz v. Berkowitz" on Justia Law

Appellants Dean Olsen, Susan Olsen, Bobby Olsen, Clee Raye Olsen, and Marion Bergquist, three stepchildren of Clarence Erickson and two spouses of the stepchildren, appealed a judgment granting a motion by Clarence Erickson's biological son, Curtis Erickson, to correct the judgment under N.D.R.Civ.P. 60(a). After Clarence Erickson died in December 2010, Curtis petitioned to rescind certain real and personal property transfers by Clarence to the appellants and to invalidate his September 2010 will. After a bench trial, the district court entered a judgment concluding that undue influence was exerted over Clarence when executing his will and while transferring real and personal property to the appellants, that Clarence lacked capacity to transfer money and real property, and that Clarence lacked testamentary capacity to execute the will. The court denied the appellants' motion to amend the findings and judgment under N.D.R.Civ.P. 52(b). The appellants then moved to correct the judgment under N.D.R.Civ.P. 60(a), asking the district court to require repayment of the purchase prices the appellants paid for real property transfers invalidated by the court's judgment. The Supreme Court concluded the district court misapplied the law for clerical errors or mistakes arising from oversight or omission under N.D.R.Civ.P. 60(a). Therefore, the trial court abused its discretion in granting Curtis Erickson's motion to correct the judgment under Rule 60(a). View "Erickson v. Olsen" on Justia Law

Norman Ussery appealed a circuit court order dismissing his action in a will contest against Alan Terry ("Alan"), as executor of the estate of Donald R. Terry ("Donald"). Ussery argued that the circuit court's dismissal of his complaint conflicted with "Hons v. A. Bertolla & Sons," (537 So.2d 456 (Ala. 1988)), a case in which the Alabama Supreme Court interpreted the application of sections 43-8-199 and -200, Ala. Code 1975, included in the will-contest provisions of the Code. Alan argued in response: (1) that Ussery appealed as to only one of two grounds that Alan said were the circuit court's bases for dismissal; (2) that the circuit court ruled that joinder of indispensable parties was not possible and that Ussery failed to appeal that ruling; (3) that the circuit court correctly dismissed the will contest pursuant to the joinder requirements under the Alabama Rules of Civil Procedure; and (4) that "Hons" should have been overruled to the extent that it held that absent parties could be joined beyond the six-month period prescribed by 43-8-199. The Supreme Court disagreed with Alan's contentions on appeal, and reversed the circuit court. "After Ussery filed his complaint, the circuit court first should have determined whether it was a proper complaint under the provisions of 43-8-199. Then, if it was determined that the complaint met the statutory requirements, the circuit court, upon appropriate motion, should have joined 'interested parties' who were absent." View "Ussery v. Terry" on Justia Law

Plaintiffs filed a petition against their stepfather, to recover property belonging to their mother’s estate and sought damages of double the value of the property, based on Probate Code 859: “If a court finds that a person has in bad faith wrongfully taken, concealed, or disposed of property belonging to ... an elder, ... or the estate of a decedent, or has taken, concealed, or disposed of the property by the use of undue influence in bad faith or through the commission of elder or dependent adult financial abuse … the person shall be liable for twice the value of the property recovered [and] in the court’s discretion ... for reasonable attorney’s fees and costs.” Staggers died. His son was substituted in as the respondent in the probate proceeding. The court held that double damages and attorney fees under section 859 were punitive in nature and not available against the son, based on Code of Civil Procedure 377.42, which excepts from recovery against a successor “damages recoverable under Section 3294 of the Civil Code or other punitive or exemplary damages.” The court of appeal vacated, reasoning that section 859 damages may be punitive in nature, but are not punitive damages. View "Hill v. Superior Court" on Justia Law

Appellant filed a timely post-probate will contest but failed to timely issue a citation to Respondent, the executor of the estate, in accordance with Nev. Rev. Stat. 137.090. Appellant filed a petition to enlarge time for issuing citations. The probate commissioner recommended that the petition be granted, determining that Nev. R. Civ. P. 6(b) and Eighth Judicial District Court Rule 2.25 granted the court discretion to extend the time limit for issuing citations. The district court dismissed the will contest, concluding that Rule 6(b) does not apply to statutory time limits. The court did not address whether Rule 2.25 applied in this matter. The Supreme Court vacated the district court’s order, holding (1) a failure to timely issue citations to the estate’s personal representative and the will’s devisees constitutes grounds for dismissal of a will contest; (2) Rule 6(b) does not apply to statutory time limits; but (3) the district court erred in failing to determine whether Petitioner demonstrated excusable neglect under Rule 2.25 when requesting an enlargement of time to issue the citations. Remanded. View "In re Estate of Black" on Justia Law

The issue this case presented for the Mississippi Supreme Court's review centered on the validity of a 1995 Florida divorce decree. Sarath Sapukotana (Sarath) and Palihawadanage Ramya Chandralatha Fernando (Fernando) were married in Sri Lanka in 1992. Sarath moved to the United States a year later. In 1995, a Florida court entered an uncontested divorce decree, dissolving the marriage of Sarath and Fernando. In 2004, Sarath then married Martha Gay Weaver Sapukotana (Martha) in Mississippi. Sarath died intestate in 2008 from injuries which led to a wrongful death suit. The trial court granted Martha’s petition to be named the administratrix of the estate, over the objection of Fernando, Sarath’s first wife. This allowed Martha to file, and later to settle, the wrongful death claim. Fernando claims that the 1995 Florida divorce decree was fraudulent and void for lack of service of process, and that she instead was the rightful beneficiary to Sarath’s estate and to the proceeds of the wrongful death action. Fernando filed a motion to vacate the chancery court’s decision to appoint Martha as administratrix of Sarath’s estate. The chancery court dismissed Fernando’s motion and held that Martha was the rightful beneficiary to Sarath’s estate. Fernando appealed. The Supreme Court affirmed the chancery court, finding that the chancery court lacked authority to vacate the 1995 Florida divorce decree. View "In Re: In the Matter of the Estate of Sarath Sapukotana" on Justia Law

In IRB-Brasil Resseguros, S.A. v. Inepar Invs., S.A., the Court of Appeals held that, where parties include a New York choice-of-law clause in a contract, such a provision demonstrates the parties’ intent that courts not conduct a conflict-of-laws analysis. In the instant case, Plaintiff was a New York not-for-profit corporation that administered a retirement plan and a death benefit plan. Decedent was enrolled in both plans. Decedent named Appellants as beneficiaries. Both plans stated that they shall be governed by and construed in accordance with New York law. After Decedent died, a Colorado court admitted his will to probate. Plaintiff was unsure to whom the plan benefits should be paid after Decedent’s death and commenced a federal interpleader action against Decedent’s Estate, the personal representative (PR) of the Estate, and Appellants. A federal district court directed Plaintiff to pay the disputed funds to the PR, concluding that Colorado’s revocation law terminated any claims to the plans by Appellants. On appeal, the Second Circuit Court of Appeals certified questions to the Court of Appeals. The Court of Appeals answered by extending the holding in IRB to contracts that do not fall under Gen. Oblig. Law 5-1401 and clarifying that this rule obviates the application and both common-law and conflict-of-laws principles and statutory choice-of-law directives, unless the parties expressly indicate otherwise. View "Ministers & Missionaries Benefit Bd. v. Snow" on Justia Law

Between May 2002 and September 2004, David Robb received multiple loans from his mother, Ruby Robb. On September 13, 2004, Ruby Robb created a living trust identified as the Ruby M. Robb Living Trust ("Trust"), and she named American State Bank as the trustee. In October 2004, David signed a promissory note made payable to Ruby M. Robb. The note did not contain a due date or repayment schedule. David made a number of payments on the note; he made these payments payable to the Trust. However, he stopped making payments after American State Bank ceased administering the Trust. Debbie Rooks, David Robb's sister, became the successor trustee. In 2013, Rooks, in her capacity as trustee, served a complaint on David to recover the amount due on the note David signed, as well as an additional note that he did not sign. Rooks ultimately voluntarily dismissed her claim based on the unsigned note. Both parties moved for summary judgment. In support of Rooks' motion, she filed an affidavit made by the vice president and trust manager of American State Bank that alleged the note was assigned to the Trust (she filed this affidavit because the schedule of trust assets had been lost, and there was no record evidencing the assignment of the note to the Trust). At the hearing on the cross-motions for summary judgment, David argued the Trust did not have standing to sue because Rooks did not present evidence sufficient to show the Trust owned the note. The court found the trust manager's affidavit was sufficient to establish the note had been transferred to the Trust. The court found there were no genuine issues of fact and the note was payable on demand as a matter of law. Robb appealed the district court's order awarding summary judgment in favor of Rooks. Because the Supreme Court concluded the district court erred when it found there was no genuine dispute of material fact, the Court reversed and remanded. View "Rooks v. Robb" on Justia Law

These appeals before the Supreme Court were the result of a family dispute that occurred following the death of Mr. B.J. Kirkley in 2011, concerning his will and his interest in Kirkley LLC.Karen Ann Kribel Kirkley, individually and as personal representative of the estate of B.J. Kirkley; Holly Muncie; and J. Alexander Muncie III ("Alex"), as trustee of the Karen Ann Kribel Kirkley Testamentary Trust appealed a circuit court's "order regarding granting of new trial" in favor of Donna Jo Kirkley Phillips and Kirkley, LLC (appeal no. 1130812). Donna Jo and Kirkley LLC cross-appealed the same order, but also filed a motion to dismiss the appeal filed by the estate plaintiffs on the basis that the order was not a final order and that the monetary judgment in the case has been satisfied (appeal no. 1130850). The Supreme Court agreed that the circuit court's order was not final, so the appeals were dismissed. View "Kirkley v. Phillips" on Justia Law

During the course of their marriage, Caroline, a citizen of Canada, made more than $75,000 in loans to Kimberly, of Ohio, which were never repaid. A federal district court dismissed Caroline’s contract and tort lawsuit. While appeal was pending, Kimberly died and Caroline substituted the Estate as the real party in interest. The Sixth Circuit reversed the dismissal, finding that neither the domestic relations exception nor the probate exception to federal diversity under 28 U.S.C. 1332(a) applied. Because a court in Canada had dismissed divorce proceedings upon notice of Caroline’s death, there was no risk of a decision incompatible with a divorce decree, and, at the time Caroline filed the federal complaint, the property that she sought was not “in the custody of a state probate court.” View "Chevalier v. Barnhart" on Justia Law