Roeder v. Roeder
Procedure of granting divorce prior to final disposition of property is specifically disapproved of – better practice is to withhold granting divorce until all evidence is completed.
Procedure of granting divorce prior to final disposition of property is specifically disapproved of – better practice is to withhold granting divorce until all evidence is completed.
(1) Order to appear not necessary where spouse knew of trial date. (2) Appraisal attached to financial disclosure statement properly admitted as evidence. Court was entitled to accept wife’s appraisal as accurate because it was part of her financial disclosure statement.
Trial court exhibited a lack of impartiality during contempt hearing, since the record contains numerous remarks evidencing a predisposition to find contempt.
Roeder cited with approval.
Trial court not required to adopt uncontradicted testimony if it is inherently improbable; however, the court cannot disregard uncontradicted testimony as to the existence of some fact in the absence of something which discredits the testimony or renders it against reasonable probabilities.
Trial court may reject uncontradicted testimony if it is discredited or inherently improbable.
Trial court abused its discretion by finding a change in circumstances to modify child support without conducting an evidentiary hearing.
Generally, experts are prohibited from testifying as to the truthfulness of a witness. The fact-finder as the sole determiner of credibility.
Judge Zick’s stipulated penalty for settling a case violates the court’s long-standing policy in favor of settlements and is not permitted as within the “inherent authority” of the court.
The fact that the trial court used a computer program is not an abuse of discretion. The trial court may take judicial notice of tax tables and tax laws.