Sentences with phrase «appeal remanded»

On review, the Court of Appeal remanded the fee / costs denial as to HOA and one party based on the fact the prevailing party determination might change based on the merits appeal decision.

2017), the Virginia Court of Appeals remanded a divorce case back to the trial court for a nunc pro tunc («now for then») order granting a divorce from the bond of matrimony for adultery, to correct what the appellate court believed was a clerical error in granting a divorce a mensa et thoro instead, a divorce from bed and board or what the court called a legal separation.

The Virginia Court of Appeals remanded the case to the trial judge to enter a divorce based on living separate and apart for a year, instead of the fault ground of constructive desertion in favor of the wife.

The Court of Appeals remanded the case so the trial court could enter a judgment on the arbitration award and allowed plaintiffs» counsel to seek prejudgment interest at that time, but it noted the six year delay could pose a challenge to the interest award.

The Court of Appeals remanded the alimony award back to the -LSB-...]

The Court of Appeals remanded the alimony award back to the family court because the family court hadn't considered Social Security retirement benefits that Wife was entitled to apply for.

On July 22, 2015, three and a half years after the Court of Appeals remanded the family court's increase in an Ex-Wife's alimony to $ 1,547.65 per month in the case of Roof v. Steele, 396 S.C. 373, 720 S.E. 2d 910 (Ct..

Given its reversal on transmutation, the Court of Appeals remanded the matter for the family court to reconsider equitable distribution and attorney's fees.

Not exact matches

We conclude it is appropriate to permit the Court of Appeal to address these questions in the first instance on remand.

The justices remanded the case to a federal appeals court and left open the possibility that McDonnell could be re-tried if prosecutors had evidence to show that the former governor agreed to pressure state researchers to study Anatabloc or force the supplement's inclusion in the state health plan.

Silver's 2015 conviction on corruption charges was overturned last month by a federal appeals court, which remanded the case back to a lower court for retrial.

If on the second appeal the state board finds that granting the charter is in the public interest, it may reverse and remand to the district board «with instructions to approve the charter applicant.»

The ruling by a three - judge panel of the U.S. Court of Appeals for the Second Circuit, issued March 12, remands for trial a decision issued last year by U.S. District Judge Neal P. McCurn of Syracuse, N.Y.

That ruling was overturned on appeal and later remanded back to state court.

Depending on that Court's decision, the case could be remanded back to District Court or appealed to the U.S. Supreme Court.

This order affirms the dismissal of a formal third - party complaint filed by Ms. Louise Caplan (Ms. Caplan or Complainant) following the remand of the case by the U.S. Court of Appeals for the District of Columbia Circuit upon a motion by the Department.

«An order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise, except that an order remanding a case to the State court from which it was removed pursuant to section 1443 of this title shall be reviewable by appeal or otherwise.»

McNeal then appealed to the Eleventh Circuit Court of Appeals which reversed and remanded the decision based on the fact that the Supreme Court's decision in Dewsnup v Timm, 502 U.S. 410 (1992), was not clearly on point.

The EPA appeals board, in a historical understatement, said: «In remanding this permit to the Region for reconsideration of its conclusions regarding application of BACT to limit CO2 emissions, the Board recognizes that this is an issue of national scope that has implications far beyond this individual permitting proceeding.»

Trial courts have three times ruled for the Utah family; the appeals court has twice ruled that trial courts used the wrong standard and twice remanded it.

After an appeal and a remand, the fee - dispute committee considered whether Manigault's bill should be reduced because of the billing in minimum 15 - minute increments.

A few months after holding an hourlong oral argument, the 3rd U.S. Circuit Court of Appeals agreed in late July to remand the case to the trial judge, U.S. District Judge Lawrence F. Stengel, who, in turn, agreed to vacate eight of his published opinions and to «direct» Lexis and Westlaw to remove them from their databases.

Accordingly, the Court of Special Appeals reversed and remanded the case to Montgomery County Circuit Court.

Appeals Court Affirms Denial of Sanctions But Remands for Cost - Shifting in Favor of Non-Party in FRCP 45 Subpoena Dispute.

The wife appealed, prompting the Superior Court to vacate and remand the case.

Lauzon, [2007] A.J. No. 768 (QB): Appeal by accused from conviction for assault — Appellant charged with assaulting complainant at remand centre — Complainant did not testify at trial — Officer's evidence only referred to complainant's last name — No evidence adduced that at time of offence, there was only one inmate with complainant's last name — Crown specified complainant's first name in charge --

The Virginia Court of Appeals reversed and remanded the case based on the trial court's abuse of discretion.

My practice focuses on extraordinary writs, appellate remands, interlocutory appeals, and capital cases, although I supervise all our office's litigation and thus work on all sorts of cases and guide the legal writing and position - taking on behalf of the United States, oral argument training, and attorney development.

Wife appealed and the Court of Appeals reversed and remanded.

Today, following a successful appeal of the original sentence and a remand for resentencing, Judge Lake resentenced resentenced Olis to six years with credit for the 2.5 years that Olin has already served.

An appeals court on Thursday vacated an injunction blocking Dallas Cowboys star Ezekiel Elliott's six - game suspension imposed by the NFL over domestic violence allegations be vacated and remanded the case...

The remand motion was brought only two days before the Apple - Google motion to dismiss the «Posner appeal».

Finally, the Court of Appeals had remanded the award of attorney's fees to Wife because it had modified Wife's successful results in the family court on appeal.

Otherwise, 5 Nonappealing Parties Would Get Stuck With Substantial Fee Exposure Even Though Some Appealing Parties Might Win On Remand.

Instead, the Federal Circuit has now granted the motion, dismissed the appeal, and remanded the case to the Northern District of Illinois, where Apple and Google will get the whole case dismissed now.

2012), the South Carolina Court of Appeals reversed and remanded the family court's custody modification because the family court made inadequate factual findings to justify a substantial change of circumstances.

Ultimately, if the appeals court agrees with the injured person, it may remand the case back to the trial court level, in order to redo the trial based upon the higher court's ruling.

(Order, p. 2) As the court notes in its summary of the order, an acquittal can issue either when a jury returns a not - guilty verdict, or «when a trial court grants a defendant's new trial motion for evidentiary insufficiency... or dismisses a case... for evidentiary insufficiency» (Id., pp. 2 — 3) The essence of the court's decision is in two parts: (1) The new trial motion should not have been granted because there was sufficient evidence to convict Mr. Stern on counts of conspiracy; and (2) Because the trial court did not rule on the majority of the issues raised in Stern's motion for a new trial, those issues have yet to be decided, and should be addressed on remand by the court of appeals.

That is not a problem because the Supreme Court's mandate, having granted leave, is to make the decision that ought to have been made by the lower court from which the appeal comes; or order a new trial if that is the proper decision (if the decision appealed from was «against the weight of the evidence); or remand the appeal or any part of the appeal to the court appealed from for additional consideration in accordance with the direction of the Court: the Supreme Court of Canada Act, R.S.C. 1985, c. S - 26, ss.

I think the appropriate course is to vacate the judgment of the State Court of Appeals and remand the case to that court for further consideration in light of the governing constitutional principle stated at the outset of this opinion.

Handled briefing and argument on appeal to district court and was able to obtain a more favorable ruling regarding wages due for an employer on remand to the Oklahoma Department of Labor.

The Court of Appeals reversed and remanded the child support determination.

The appeals court said in remanding the case that the guardians should have a reasonable chance to file the 622 affidavit along with an amended complaint.

Two judges of the court disagree as to whether there was a Guidelines error as to the minimal participant issue; the third judge finds it unnecessary to address the issue on appeal in light of the remand for resentencing.

After the SCC released its decision, Apotex brought a motion to the SCC to have the issue of «overpromising» remanded to the Federal Court and the issues of anticipation and obviousness remanded to the Federal Court of Appeal (reported here).

The Court of Appeal further reversed and remanded the family court's denial of Wife's attorney fee claim:

Successful representation of a large Saudi travel agency on appeal and on remand in district court.

North Carolina Court of Appeals upheld summary judgment with respect to all of plaintiff's claims except one, which was remanded to the trial court for trial on nominal damages only.

The case lasted several years through hearings, appeals, remand, and involved many issues of contract interpretation, defamation and corporate law, Mr. Frankel never lost sight of the ultimate goal and kept his staff and the other attorneys working on our team focused and on task.

This decision has now forced the hand of the Fourth Circuit to vacate and remand in an unpublished per curiam opinion the Washington Redskins» appeal of the district court decision to uphold the PTO's cancellation of its six trademark registrations as disparaging to Native Americans.