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Tag Archives: Dismissal

Civil Practice Mootness – Real Property – Mortgages – Canceled Deeds of Trust (access required)

Yeager v. Yeager The stated object of this action is to obtain a declaratory judgment that two deeds of trust are “invalid and void” and that they do not encumber the two tracts at issue. This goal was already accomplished by the cancellation of the deeds of trust in the parties’ equitable distribution action. We affirm the trial court’s dismissal of this action as moot.

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Civil Practice – Appeals – Dismissal – Moot – Partial Summary Judgment – Jury Verdict – Directed Verdict Motion – Grounds (access required)

Johnson v. Opsitnick The trial court found at the summary judgment stage that the parties’ prior settlement agreement did not relieve defendants of the obligation of paying a $40,777.63 promissory note. Defendants’ appeal of this ruling was rendered moot when the jury found that defendants took advantage of a position of trust and confidence to induce plaintiff to enter into the settlement agreement so as to void that agreement. Since the settlement agreement is void, the issue of whether it relieved defendants of the obligation of paying the promissory note is now moot.

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Criminal Practice – Dismissal – Search & Seizure – Motion to Suppress (access required)

State v. Joe After the trial court granted defendant’s motions to dismiss the charge of resisting a public officer and to suppress evidence seized in his post-arrest search, the state announced to the trial court that it “would be unable to proceed with the case in chief” on the remaining charges of cocaine possession and attainment of habitual felon status. We do not agree with our Court of Appeals that the prosecutor’s statements amounted to a dismissal in open court; furthermore, the trial court had no authority to enter an order dismissing the remaining charges on its own motion.

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