A Missouri man furnishing a New York City apartment with the help of an interior design firm based in Florida cannot sue the designer in Missouri courts. The Missouri Court of Appeals Eastern District said this morning that Missouri courts don't have personal jurisdiction over the dispute between Donald L. Bryant Jr. and Smith Interior Design Group Inc. The decision comes after little more than a year of litigation in the St. Louis County Circuit Court and the appellate court.
CIVIL - child custody and support; jurisdiction; Uniform Child Custody Jurisdiction and Enforcement Act; R.C. 3127.17; home state of the child; R.C. 3127.15(A)(1); state of original jurisdiction; presumption of regularity; requirement of filing a transcript; App.R. 9(B)(4); exclusive, continuing jurisdiction; R.C. 3127.17(A); appendices to appellate brief; Local App.R. 16(B); consolidation of cases; Civ.R. 42(A)(1); commencement of action; Civ.R. 3(A); voluntary dismissal; Civ.R. 41(A)(1)(a); Uniform Interstate Family Support Act; jurisdiction to modify support order; registration of foreign decree; R.C. 3115.39(A); R.C. 3115.48(A); motion for new trial; Civ.R. 59(A)(8); newly discovered evidence; manifest weight of the evidence
Rather, the GVR authority is pieced together by the Court's goal of preserving the integrity of three separate principles: federalism (applied to cases arising out of state courts involving intervening state law), separation of powers (applied to cases involving new interpretations by administrative agencies or the Solicitor General), and the Court's appellate jurisdiction (applied to cases arising from lower federal courts involving intervening federal law or facts). [...] the Supreme Court should adhere to the limits of a postjudgment intervening event requirement and GVR only where it is necessary to preserve the integrity of lower court decisions under federalism concerns, separation of powers principles, and other considerations derived from the Court's appellate jurisdiction.
Conversely, a writ will not be in aid of a court's jurisdiction if the matter falls outside the scope of Articles 66 and 67 because the All Writs Act does not give military courts the power to oversee all matters arguably related to military justice.15 Courts will therefore not consider writs challenging administrative separations, summary court-martials, non-judicial punishment, letters of reprimand, or other administrative matters because they are not part of the court-martial process that can result in a "findings" or "sentence" reviewable under Articles 66 or 67.16 The most recent question concerning the scope of the CAAF's jurisdiction arose from a writ filed by four Guantanamo Bay prisoners.17 The petition argued that CAAF has jurisdiction to hear the writ because the petitioners ...
... (UCMJ), may give direct access to the appellate courts to challenge an adverse ruling.1 If the mat... Article 62, UCMJ, in the vast majority of cases, counsel cannot successfully seek interlocutory ap...
... applications, petitions, and other types of cases may be appealed. Decisions under the appellate jur...Decisions under the appellate jurisdiction of the Associate Commissioner, Examinations, are l...
Judge David B. Lewis was sworn in Wednesday as the first African- American to serve on the Oklahoma Court of Criminal Appeals, the highest court in the state with appellate jurisdiction in criminal cases. Our courts and judiciary in the state of Oklahoma must reflect the diversity of this great state, and I am so honored and privileged to be a part of history today, said Gov. Brad Henry, adding that he had never seen the Oklahoma Supreme Court chambers so crowded with people that additional seating was provided for the length of the hallway approaching the chamber, where the ceremony was displayed by video.
... shall be necessary to hear and determine cases. If a Justice is disqualified in any case, a subst... . Paragraph II. Exclusive appellate jurisdiction of Supreme Court. The Supreme Court s...
Jury instructions - Use of OJI foreseeability instruction in murder cases - Appellate procedure - Supreme Court jurisdiction - Certified conflict case - Dismissal of appeal when no conflict exists.
The Nassau County Traffic and Parking Violations Agency plans to appeal a July 5 appellate court decision that essentially removed its autonomous jurisdiction in traffic and parking cases. The Appellate Division of the New York State Supreme Court, Second Judicial District, ruled that the agency was a governmental department, not an arm of the Nassau County District Court, and had no jurisdiction. The appellate court reasoned that the matter, Terence Dolce vs. NCTPVA, could have been filed with the district court. But the traffic violation allegation had been filed with the agency. So the lower court's determination that the proper ticket venue was the village court in Mineola was affirmed.
... 10, 2012 After the intermediate state appellate court affirmed his state-courtconviction, petition... time that the Fifth Circuit lacked jurisdiction to adjudicateGonzalez's appeal based on the §2253...'s approach of scouring each State'slaws and cases to determine how the State defines finality, moreo...
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