Facts The Alva family enrolled their son, Sergio, at Paradise Cove, a behavioral modification program for troubled youth which was operated by the Defendants. The Alvas then initiated a suit against Teen Help Worldwide Association of Specialty Programs, R & B Billing, Dixie Contract Services, Robert Lichfield, Karr Fransworth, and Brent Facer, alleging a number of tort claims which arose from the enrollment of their child. This initial suit was made in the U.S. District Court for the District of Utah on February 25, 2000. On August 5, 2003 the Defendants filed a motion for summary judgment, which the court granted after hearing arguments regarding the motion on December 16, 2003. The motion for summary judgment was granted and filed on December 17, 2003. The Plaintiffs then did not file their notice of appeal until January 17, 2004, which was after the deadline to file such notice. The court then required the Plaintiffs to show reason as to why the appeal should be honored even though it was late. …show more content…
However, when arguing as to why the appeal should be honored the Alvas argued that the stamp clock stamped an inaccurate time on the request. The Plaintiffs asserted that they had filed their request on time and that the malfunctioning time stamp clock was to blame. This was the only defense put forth by the Plaintiffs. Furthermore, council for the Plaintiffs admitted to knowing that the request was filed late, and still argued that the request should be honored. The Plaintiffs also cited two cases Kontrick and Eberhart, arguing that the decisions in these cases make the legitimacy of this request to appeal fall under the jurisdiction of the
does not present a justiciable issue); Di Portanova v. Monrow, 229 S.W.3d 324, 329 (Tex. App.—Houston [1st Dist.], 2006, pet. denied) (beneficiary could not bring declaratory judgment action to resolve dispute over how trustee should exercise discretion given to trustee in the trust instrument). Here, no justiciable conflict exists because Texas law clearly establishes that Plaintiff has no equitable (or legal) interest in the settlement funds paid by Geico to St. David’s.
In the Spring of 1984, May 23rd, felling like San Antonio v. Rodriguez was an unacceptable decision, the Mexican American Legal Defense and Educational Fund filed a suit against William Kirby, the commissioner of education, in behalf of the Edgewood Independent School District. MALDEF’s main concern was the way Texas funds public school, they pointed out the fact that he poorest districts in the state, had $38,854 in property wealth per student, while the Alamo Heights ISD, which is in the same county, had $570,109 per student. (TSHA, 2017) Furthermore, property-poor districts had a higher set tax rate that would amount to an average 74.5 cents per $100 a valuation to generate $2,987 per pupil, while richer districts, with a tax rate of half
Throughout the course of this investigation, the following courthouse was researched to locate any all court documentation for Dennis Baker and Charlotte Baker, as the search was expanded to include Shawna Thornton’s affiliation with the Bakers’.
Therefore, this is a final order and it was proper for the father to file his Notice of Appeal within 30 days from March, 16, 2016. The father entered the Notice of Appeal on March 26, 2016, ten (10) days after. Consequently, this Court has jurisdiction to heard this case, which was filed in a timely manner.
The Appellant is appealing a decision of the Department to determine her ineligible for MA and only eligible for Buy-In of her Medicare Part B Premium payment.
In this case, the Department’s Representative testified to mailing the Appellant a manual notice on June 3, 2016 advising that the household’s application for cash assistance was being denied due to failure to meet residency requirements. On August 9, 2016, The Appellant called the Department to make an oral appeal. The Appellant’s appeal was filed August 10, 2016, sixty-eight (68) days after the denial. Since the appeal was
Now comes the Defendant, Joseph Bettina, files this Motion For temporary Support and would shows:
Legal Issue: Does having religious holiday displays near or on government buildings violate the Establishment Clause of the First Amendment?
While at GPM, I attended a session of Treatment Accountability Court (“TAC”) (formerly Mental Health Court) and DUI/Drug Court. Both Courts operate similarly. Several hours before the court session, members of the legal community meet to discuss the progress of each participate scheduled to appear that day. Legal representatives include members from the Sheriff’s Office, Solicitor General’s Office, Public Defender’s Office, the judge who presides over the proceeding, a Program Coordinator & Counselor, a misdemeanor probation officer, and a felony probation officer. The group discusses the status of each participate and whether they’re meeting the conditions set forth by the court. The programs are conducted in phases,
Case Name: Jespersen v. Harrah’s., 444 F. 3d 1104; 2006 U.S. App LEXIS 9307(9th Cir.) 2006
Denied. On April 20, 2105, a date agreed upon with Travis’s mother, the parties attended a ARD committee meeting to discuss continued placement and services until such time that a comprehensive evaluation could be completed. At this time, the District has assigned approximately-trained professionals to conduct the agreed-up and parentally approved assessments. Once the assessments are completed, the ARD committee will appropriately consider the results and develop an appropriate educational program reasonably calculated to provide Travis with educational benefit in his least restrictive environment.
Caldwell challenges the separate convictions and sentences he received for the crimes of conspiracy to commit burglary of the Alkaline Water Company and conspiracy to commit burglary of Bella Furniture. The State agrees that it was improper for Caldwell to receive two sentences for conspiracy when the State did not argue that Caldwell committed two separate conspiracies. The parties, however, disagree as to how to resolve this issue. The State maintains that while the cumulative sentence must fall, the underlying convictions should nevertheless remain and that we should remand the case for re-sentencing. Caldwell, however, contends that we should simply vacate the conviction and sentence for the charge that we determine is least supported
I returned Ms Dunlap call. She said wants to place a formal complaint against the CPS worker Miranda Larson because she illegally removed her children based on false accusations. She stated that Miranda, like the entire CW are doing criminal activities. She then asked me if I had talked to her attorney? What was my conversation about, What did I disclose to them? What did they told me about her? "Be honest" she said. I informed her that I do contact her attorney because in one her DHS 0170 form the Discrimination Complaint form, she provided us her attorney's phone number and my conversation was about how can we contact her. She said that we should not be talking to her attorney because she just fired her.
"The Company Act 2006 has significantly altered the position of outsiders as far as transactions with the company are concerned."
On the issue of timeliness, the PA IEB Representative RH testified that the Appellant was issued a notice on July 20, 2017, again on August 16, 2017 based on the Appellant’s request, and then again on September 13, 2017, based upon the Appellant’s request. The PA IEB’s position is that the appeal is untimely filed as the notice was issued three times before receiving the appeal on September 25, 2017.