Puchner v. Hepperla
Appellate court finds appeals frivolous and bars Puchner from commencing future proceedings until monetary sanctions are paid in full.
Appellate court finds appeals frivolous and bars Puchner from commencing future proceedings until monetary sanctions are paid in full.
Trial court also properly provided for a dollar-for-dollar offset of child support against property division payments.
In a divorce proceeding, a trial court has only that authority given it by statute.
A common law action for unjust enrichment cannot be litigated in a divorce action.
Trial court erred in deviating from an unequal division of the largest asset in the marital estate upon consideration of only one statutory factor, neglecting entirely the other statutory factors.
Father did not waive his right to object to wife’s parenting plan when he failed to submit his own plan prior to the scheduling conference. A scheduling conference is not a pretrial conference.
Absent a motion, petition or order to show cause brought by a party, the trial court lacked authority to amend or modify a custody order from joint to sole custody.
Circuit court did not erroneously exercise its discretion in admitting expert testimony on a legal definition, even if the testimony embraced an ultimate issue. The expert’s testimony encompassed specialized financial knowledge that would assist the jury in understanding the evidence presented.
Court will not aid either party to an illegal agreement. Contract to hide an asset from wife is not enforceable.
Trial court erred in not affording movant an opportunity to present testimony when he requested a “hearing de novo”. He was entitled to a fresh look at the issues.