The motion before Lederer was for leave to
appeal an order granting the motion of the plaintiff to continue a Mareva injunction which had initially been granted ex parte; that is, without notice to, or participation of, the defendants.
Earlier this year, BCNET Networking Society (BCNET) successfully
appeals an order granting leave to appeal an arbitrator's award and varying the award.
Not exact matches
A restraining
order was
granted in Ohio, but overturned by the federal
appeals court.
(Link: https://prnigeria.com/2016/03/yashuaib-resigns-fossra-say-jon-ode-panel-misleading-president-buhari/ May I
appeal to Your Excellency to simply review the fact that Sambo Dasuki has been
granted bails by three High Courts in Nigeria and that even the ECOWAS Court has also
ordered his release yet he has remained in custody.
May I
appeal to Your Excellency to simply review the fact that Sambo Dasuki has been
granted bails by three High Courts in Nigeria and that even the ECOWAS Court has also
ordered his release yet he has remained in custody.
The U.S. Supreme Court is
granting the Trump administration's request to more strictly enforce its ban on refugees, at least until a federal
appeals court weighs in, but leaving in place a lower court
order that makes it easier for travelers from six mostly Muslim countries to enter the United States.
Prosecutors would still seem to hold an advantage: Caproni, in an
order granting Silver's request to remain free on bail while he
appealed his conviction, observed that «Silver's case is factually almost nothing like McDonnell.»
In Tuesday's ruling, Weinstein
ordered that politicians» names be released at 2 p.m. Wednesday, but
granted the government 24 hours to
appeal his decision.
The Supreme Court had on November 12, 2015 through a five - man panel, led by now retired Justice John Fabiyi,
granted an
order of stay of proceedings of Saraki's trial before the CCT, pending the hearing and determination of his
appeal.
DOJ's
appeal notes, however, that Deisher, who has never applied for an NIH
grant, claimed in a brief submitted Friday that «private funding is scarce» and that «in
order to continue my research,... I must obtain funding from» NIH.
Titus informs Jupiter of her significance to the family, and Jupiter is tempted by the
appeal of living a better life, until she discovers the fate of those on Earth; it is merely one of many planets in the royal family's possession, and its sole purpose is for the humans, once they have rendered life on Earth unsustainable, to be harvested in
order to create a formula that
grants the royals eternal life.
The court issued an
order putting a previously
granted injunction on hold until it decides whether to hear a full
appeal on a previous lower court ruling.
The court
order granted was not intended to affect the rights of class members in relation to
appeals to the Tax Court of Canada with respect to assessment or reassessment by Canada Revenue Agency.
On Wednesday the Caribbean Court of Justice overturned the decision of Belize's Court of
Appeal and
ordered Government to pay Belize Bank a little over ninety million dollars, an arbitration award that was
granted to the Bank in 2013.
On Monday, the U.S. 10th Circuit Court of
Appeals granted requests for a stay to prevent that
order from...
In a 69 - page opinion in O'Grady v. Superior Court, the California Court of
Appeal said that the trial court erred in refusing to
grant an
order protecting against disclosure of their identities.
Recent court of
appeal decisions appear to suggest that the
granting of leave is so restrictive that once a care
order has been made there is little prospect of a parent being
granted permission to defend an adoption and the Legal Services Commission is reluctant to
grant funding to parents to cover such applications.
In P (A Child)[2007] EWCA (Civ 1265, [2007] All ER (D) 475 (Nov)-RRB-, a parent's
appeal against the refusal to grant leave to oppose an adoption order was dismissed by the Court of Appeal, despite the parents having been assessed fit to care for their second child and those of a previous relationship of the f
appeal against the refusal to
grant leave to oppose an adoption
order was dismissed by the Court of
Appeal, despite the parents having been assessed fit to care for their second child and those of a previous relationship of the f
Appeal, despite the parents having been assessed fit to care for their second child and those of a previous relationship of the father.
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.
In some child custody and parenting time cases such, as child mobility, change of schools, denial of contact or changes of child parenting time or decision making powers, a stay of that
order while the
appeal is being readied to be heard can be
granted.
In a unanimous decision, the Supreme Court of Canada dismissed the
appeal in Canada (Attorney General) v. PHS Community Services Society and
ordered the minister of health to
grant an immediate exemption to the safe injection facility.
On 3 December 1984, Latey J, sitting with a senior Divorce Registry registrar as adviser,
granted the petitioner an
order of mandamus requiring Judge Heald to hear the
appeal (see R v Nottingham County Court, ex parte Byers (1984) The Times, 5 December).
But now, this advice of «don't trust and verify» also applies to an
order granting an extension of time to file an
appeal duly issued by a federal judge.
The decision dismissed the
appeals of the AER and the OWA, which argued that Chief Justice Neil C. Wittmann erred in finding that
Grant Thornton should not have to carry out the abandonment, reclamation and remediation obligations of Redwater's non-producing wells or perform the abandonment
orders as issued by the AER.
The Divisional Court refused to
grant the defendants leave to
appeal an
order denying them a stay of the plaintiff's solicitor's negligence action.
In the unpublished Arizona Court of
Appeals case of Costa v. Costa, Nanci J. Costa, Wife
appealed the trial court's
order granting Husband a modification of spousal maintenance.
The record means the aggregate of papers relating to an
appeal proper (including the pleadings, proceedings, evidence, judgments and
order granting leave to
appeal) to be laid before Her Majesty in council on the hearing of the
appeal.
The Court of
Appeal emphasized that court
orders must be respected, even if those subject to the
order believe that it was wrongly
granted.
Kilgore Barnard v. 9th Life Hawaii (
Order Granting September 28, 2017 Motion to Dismiss
Appeal for lack of Appellate Jurisdiction).
(2) An
order of the Tribunal under clause 58 (8)(b) shall take effect immediately, but where there is an
appeal, a judge of the Divisional Court may
grant a stay until any
appeal is disposed of.
Interestingly, it's not clear what the appellate
order means since the court of
appeals agreed with the prosecution that «Mr. Stern's new trial motion could not be
granted... [b] ut... what can occur to Mr. Stern once the remittur issues is limited by the double jeopardy provisions of our Constitutions.»
(
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 app
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 app
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.
The Appellant sought leave to
appeal the costs
order, which was
granted on June 16, 2016.
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.
On the legal custody issue, the Court of
Appeals agreed with my client that the family court erred in finding he did not have final decision - making authority under the previous
order, finding that the old
order «implicitly
granted him final decision - making authority by virtue of
granting him primary legal custody.»
I think this case presents only a single federal question: did the
order of the Maryland Court of
Appeals granting a new trial, limited to the issue of punishment, violate petitioner's Fourteenth Amendment right to equal protection?
The second branch upon which leave may be
granted requires the moving party to establish that there is «good reason to doubt the correctness of the
order in question», and that the proposed
appeal «involves matters of such importance» that leave should be
granted.
Post-trial procedure —
Appeal from sentence — Types of
orders — Discharge
granted; Factors to be considered — Record of accused
In BLH v. SCDSS issued today, the Court of
Appeals overturned a trial court
order granting class certification in an action stemming from alleged breaches of adoption assistance subsidy agreements.
In the unpublished case of Eaton v. Eaton, Ms. Eaton (Mother) filed an
appeal after the family court
granted a post-decree
order to modify parenting time.
The
Order of Lord Justice Floyd, made available yesterday, confirms that ENRC have been
granted permission to
appeal the decision of Mrs Justice Andrews in Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Ltd [2017] EWHC 1017.
In the
order appealed from, the Family Court
granted the mother's motion to dismiss the father's petitions based on lack of subject matter jurisdiction.
Among other things: successfully obtaining the continuation of a US $ 2 billion freezing
order under s. 25 of the Civil Jurisdiction and Judgments Act 1982 in support of Russian proceedings; and successfully acting on an ex parte appeal against a Judge's refusal to grant a Chabra freezing order — the Order was granted by the Court of Appeal and continued on the return date (with Stephen Smith QC and Ben Griffi
order under s. 25 of the Civil Jurisdiction and Judgments Act 1982 in support of Russian proceedings; and successfully acting on an ex parte
appeal against a Judge's refusal to grant a Chabra freezing order — the Order was granted by the Court of Appeal and continued on the return date (with Stephen Smith QC and Ben Griff
appeal against a Judge's refusal to
grant a Chabra freezing
order — the Order was granted by the Court of Appeal and continued on the return date (with Stephen Smith QC and Ben Griffi
order — the
Order was granted by the Court of Appeal and continued on the return date (with Stephen Smith QC and Ben Griffi
Order was
granted by the Court of
Appeal and continued on the return date (with Stephen Smith QC and Ben Griff
Appeal and continued on the return date (with Stephen Smith QC and Ben Griffiths).
He has acted in significant recent cases concerning the limits of the jurisdiction, including acting for the successful parties in Yukos Capital v Rosneft [2010] EWHC 784 (Comm)(ambit of the Chabra jurisdiction), Linsen International v Humpuss Sea Transport [2011] 2 Lloyd's Rep 663 and [2011] EWCA Civ 1042 (limits of the territorial jurisdiction to
grant freezing
orders against non-resident non-parties) and Cruz City 1 Mauritius Holdings v Unitech Limited [2014] 2 CLC 784 (power of court to
grant freezing
orders against non-parties in aid of arbitral proceedings), as well as Yukos CIS v Wincanton in the BVI Commercial Court and Eastern Caribbean Court of
Appeal (availability of freezing
orders in aid of foreign litigation in the absence of an equivalent of s. 25 of the CJJA).
The Court of
Appeal in the present case considered two issues: (1) when will an ex parte Anton Piller
order will be set aside on the basis of non-disclosure and (2) when will a party meet the prerequisites for
granting such
orders.
In McDonald, the tenant
appealed against a decision to uphold a possession
order granted in favour of the respondent LPA receivers.
Advocates for the Rule of Law was
granted leave to intervene in the Courtoreille
Appeal by
Order of the Honourable Justice Brown today.
To
appeal the
grant of an extended protection
order, the adverse party must complete and file the forms below with the justice court where the case is pending.
Pursuant to the
Order of the Honourable Justice Brown, Advocates for the Rule of Law was
granted leave to intervene in the Courtoreille
Appeal.
The
appeal is allowed and the
order granted by the Trial Judge is set aside.