Sentences with phrase «reversing findings of fact»

After reviewing the law on reversing findings of fact by a trial judge, Justice Epstein wrote, «The trial judge's conclusion that Ms. Weddell had no reason to doubt the Scherbaks» representations was «clearly wrong».

In other words, if the appellate judges believe the lower court got the law wrong, they will reverse its decision; but they will only reverse a finding of fact if the lower court made an especially egregious or obvious mistake.

Not exact matches

In fact, keep reading to find out how each of these people reversed their leaky gut and now enjoy a life of health they previously only wished for.

What makes his findings even more disappointing is that it's reverse sexism: The majority of those criticizing the looks of the women on air are, in fact, women.

This is perhaps most noticeable when reversing out of a parking space: several times I pushed the throttle to back up and found it so unresponsive that I looked down at the shift lever to make sure I had remembered to engage reverse gear — which I had, in fact, done.

In fact, a practitioner of value investing tries to find a situation which is reverse of an auction.

The Virginia Court of Appeals first restated the rule that it will not reverse the divorce court's discretion in fashioning an equitable distribution award unless it appears from the record that the divorce court abused its discretion, failed to consider or misapplied the factors in the equitable distribution statute, Virginia Code Section 20 - 107.3 (E), or made essential fact findings unsupported by the evidence.

Appellate Decision: As no new facts came to light after the initial contempt finding had been made, the principle of finality must be respected and Rule 60.11 did not permit the motion judge to revisit or reverse her initial finding of contempt.

One is to make copious findings of fact (especially on credibility) that are hard to reverse on appeal and alternative findings.

In a 3 - 2 decision the Supreme Court reversed the family court finding that Garcia's «subjective fear for her safety does not warrant issuance of the order of protection, particularly given the facts that it was more than one month between the incident and the final hearing, Saski had moved out of the house, and the parties had had absolutely no contact in the interim.»

On this interlocutory review, the Georgia Court of Appeals found that the Recreational Property Act did, in fact, immunize SMMA from liability, and it reversed.

Had another judge sentenced Sedore to 84 months without finding those additional facts, the court of appeals would likely reverse this hypothetical sentence as unreasonable.

(3) If a jury find of fact is against the evidence, courts have frequently reversed juries (eg see New York HLD, v. 30, n. 4), however, they are not supposed to do so, unless the verdict is a gross miscarriage of justice.

These authorities are not to be taken as meaning that the findings of fact made at trial are immutable, but rather that they are not to be reversed unless it can be established that the learned trial judge made some palpable and overriding error which affected his assessment of the facts.

In Benson v. Northwest Airlines, Inc., the Eighth Circuit reversed summary judgment as it found the plaintiff (1) made a prima facie case that he was able to perform the essential functions of his position, and (2) created a genuine issue of fact as to whether the airline had an existing vacant position which he could have filled.

While the court agreed that it is possible the Purchaser could claim that the Seller was estopped from claiming title defects which would have prevented the closing when it had misrepresented the status of the title in the purchase agreement, the court ruled that the bankruptcy court had failed to make sufficient findings of fact in support of this ruling and so reversed the equitable estoppel ruling, sending the case back to the trial court for further proceedings.

Agawam Realty v. Haggerty (223 A.D. 2d 518)- summary judgment for broker's commission reversed; material issues of fact exist as to whether broker procured a buyer who was ready, willing and able to purchase; seller accepts second offer after initial buyer failed to sign contract and tender deposit within 8 days of receipt of contract which was based on terms of offer made by buyer in Purchase Memorandum; issue of fact as to whether buyer was willing to purchase as measured by whether buyer was provided reasonable time to sign contract and tender deposit; dissent finds broker earned commission prior to seller's determination buyer was unwilling to purchase.