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After cross-examination, the party that called the witness gets to ask any final questions, and then the other party is given one last chance to cross-examine. Once the moving party has presented all of his or her witnesses, the other party will present their case. The other party will call witnesses and the process above will repeat.
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The judge then considers all of the evidence presented and makes a decision. The judge may give you his or her decision immediately in court. Or the judge may want to think about the evidence for a while and issue a written decision later.
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After the judge issues his or her decision, the decision is not enforceable until is it written and signed into an official order. Order From Hearing - With Children pdf. Order From Hearing - No Children pdf. This website is intended to provide general information, forms, and resources for people who are representing themselves in a Clark County court without a lawyer.
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The information on this website is NOT a substitute for legal advice. Talk with a lawyer licensed in Nevada to get legal advice on your situation. Looking for something in particular? Search for it here. If you are served with discovery requests from the other side, do not ignore them. You must respond within certain deadlines. Do your best to respond to the discovery requests.
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Groundless means no basis in law or fact and not warranted by a good-faith argument for the extension, modification, or reversal of existing law. When a rule of procedure is clear, unambiguous, and specific, we construe the rule's language according to its literal meaning. Murphy v. Friendswood Dev. One purpose of the rule 13 particularity requirement is to justify the imposition of the sanctions and to give some evidence that the sanctions were carefully weighed and imposed in an appropriate manner when justified by the circumstances.
TransAmerican Natural Gas Corp. Powell, S. Downey, S. Beadle, 36 S. Sebek, 14 S. Gorman, S. The order here did not recite the particular reasons supporting good cause to issue the sanction. However, the trial court entered findings of fact and conclusions of law reciting the bases for finding good cause:. Based on the foregoing, we hold that the trial court's failure to recite particular reasons supporting good cause in the sanctions order was harmless because its findings of fact and conclusions of law supplied the particulars of good cause required by rule See Gaspard, 36 S.
We review a trial court's rule 13 sanction's award for an abuse of discretion. Downer v. Aquamarine Operators Inc. We examine the entire record and will overturn a trial court's discretionary ruling only if it was based on an erroneous view of the law or a clearly erroneous assessment of the evidence. See Mercedes-Benz Credit Corp. Rhyne, S. The evidence supports the trial court's findings of fact 1, 1 a , 1 b , and 1 c and conclusions of law 1 and Here, the record supports the finding that Sharon filed an emergency motion without sufficient cause within the year following the entry of their divorce decree.
In response, Randall telephoned Sharon's attorney and sent a letter within 10 days of having received Sharon's request for mediation. Randall did not receive any further communication from Sharon's attorney, which indicated to him that the matter was closed. On July 11, , Sharon filed the emergency petition and requested that the trial court make temporary orders for the safety and welfare of the children.
At the July hearing, Sharon testified that Andrew, the couple's autistic son, was fearless of the water and that she was concerned about how he would react to being away from her. The trial court pointed out that nothing alleged in the emergency petition made the cruise any more of a concern than would otherwise exist with normal periods of access because the cruise was only five days and Randall had already had visitation with the children from July 1 to July Further, Sharon testified to ongoing concerns, such as the children's being improperly disciplined and missing therapy sessions.
Thus, the trial court dissolved part of the TRO because there did not seem to be anything in Sharon's affidavit to justify prohibiting the children from going on the trip. At the October 16 sanctions hearing, Randall testified that there had not been a material or substantial change since the divorce decree had been entered. Specifically, Randall explained that the children's living environment at his residence had not changed, that the children's physical health was not endangered, that their emotional development was not significantly impaired, that he had at all times paid the child support ordered by the trial court, and that his income had not increased, but, rather, had decreased since the time of the divorce.
Randall testified that the children were crying and upset about not being able to go on the cruise. During the October 22 sanctions hearing, Sharon testified that she did not have personal knowledge of the allegations that she had made in her supporting affidavit for the TRO. She relied on statements made by her children and acknowledged that the children made statements that were sometimes untrue. Sharon admitted that although she alleged in the emergency petition that Emma's hair had been cut, the haircut had occurred before the divorce was granted, which was seven months prior to the filing of her emergency petition.
Although Sharon had alleged that Randall had not taken Andrew to therapy sessions, Randall explained that, after the divorce, Andrew's therapy was arranged so that it would not be scheduled during Randall's visitation, in order for Sharon to control Andrew's therapy sessions.
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Randall testified that in August , Sharon had taken the children on an eight- or nine-day vacation out of state and that she had not told him about the vacation prior to their departure. Sharon further admitted that she had called the police to Randall's home at least five times from January through October Sharon non-suited her emergency petition before the sanctions hearing.
We hold that the trial court did not abuse its discretion by finding that Sharon's emergency petition was groundless and filed in bad faith. In points of error four and five, Sharon argues that the trial court erred in making the attorney's fees awarded to Randall and the attorney ad litem collectible as child support. We construe Sharon's contentions as challenging the trial court's legal conclusion that attorney's fees may be awarded as child support.
We review the trial court's conclusions of law de novo. See In re Humphreys, S. As an appellate court, we must independently evaluate conclusions of law to determine their correctness and will uphold them on appeal if the judgment can be sustained on any legal theory supported by the evidence. Houston Bellaire, Ltd. Attorney's fees are permissibly taxed as child support when incurred during child-support enforcement proceedings.
In re Moers, S. The Legislature has permitted attorney's fees to be taxed as child support solely in Family Code section The attorney's fees and expenses incurred by the [sic] Randall Dean Keith were necessaries for the children. The attorney's fees and expenses incurred by Linda A. Thompson were necessaries for the representation of the children. The case before us does not involve attorney's fees and costs incurred in a child-support enforcement proceeding.
Rather, this case involves attorney's fees and costs incurred defending against Sharon's emergency petition and prosecuting Randall's motion for sanctions against Sharon. Randall recognizes that this Court has ruled that attorney's fees can be taxed as child support only in child-support enforcement proceedings. See In re Moers, S. However, he argues that other appellate courts in Texas have awarded attorney's fees as necessaries in suits affecting the parent-child relationship.
Accordingly, Randall asserts that the law is unsettled in this respect. Regardless of what other courts of appeals have done, we have previously held in In re Moers that attorney's fees can be taxed as child support solely in child-support enforcement proceedings. We are not persuaded that we should hold differently.
Thus, we hold that the trial court erred in characterizing attorney's fees as child support. In City of Keller v. Wilson, S. Havner, S.
zapchasti.gorelka-kotel.ru/sites/wi-zithromax-azithromycin-acheter.php As a general rule, the party seeking to recover attorney's fees carries the burden of proof. Stewart Title Guar.
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Sterling, S. The trial court's award of attorney's fees may include appellate attorney's fees. Siegler v. Williams, S. However, there must be evidence of the reasonableness of fees for appellate work to support the award of appellate attorney's fees. Stuckey v. White, S. An appellate court has the authority in looking at the entire record to draw on the common knowledge of the justices of the court and their legal experience and to view the issue in light of the experience and the amount in controversy. Asfahl Agency v.
Tensor, Inc. The amount of an attorney's fees award rests in the sound discretion of the trial court, and its judgment will not be reversed on appeal without a clear showing of an abuse of that discretion. Rowley v. Lake Area Nat'l Bank, S. A trial court abuses it discretion when it acts arbitrarily or unreasonably, without reference to any guiding rules and principles.
Downer, S. Expert opinion evidence on the reasonableness and necessity of attorney's fees, although not conclusive, is competent evidence of those matters. Lincoln Income Life Ins.