Sentences with phrase «appeal orders granting»

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 fappeal 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 fAppeal, 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 appOrder, 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 apporder, 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 Griffiorder 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 Griffappeal 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 Griffiorder — the Order was granted by the Court of Appeal and continued on the return date (with Stephen Smith QC and Ben GriffiOrder was granted by the Court of Appeal and continued on the return date (with Stephen Smith QC and Ben GriffAppeal 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.
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