I thought stuff like this only occurred in the minds of law professors

From years ago in a contract or property class in law school I vaguely remember a professor describing a situation where a swimming pool was accidentally built at the wrong house.  Maybe it was supposed to be built at 101 Jones Street and instead it was built at 102 Jones Street.  If I remember correctly, the general rule of whether the owner of the pool had to compensate the pool builder for building the pool hinged on whether or not the landowner had knowledge of the pool construction and failed take action to notify the pool builder.  I could be wrong so don’t quote me on that.

In any event the only thing I could think of while the professor was lecturing away on the concept was “what kind of moron builds a pool in the wrong backyard?”  I really didn’t think it was possible and figured it was just something the professor made up to illustrate a point.

Fast forward to 2009.  Residential Advantage Development (RAD) acquires a piece of property in Jackson and decides to build a home on the lot.  Unfortunately, RAD builds a home on Lot 20 instead of Lot 21.  Lot 20 is owned by the Ross Family.  Sometime around completion of the construction, RAD decides to finally get around to a survey and figures out their nice new home is on the wrong land.

RAD then filed suit against the Ross family seeking to have the court force the Ross family to sell the land to RAD for the cost of the unimproved lot (the cost of the land before the house was mistakenly built).  In a decision sure to assist in teaching property and contract lawyers of the future, both the trial court and the Mississippi Court of Appeals turned down RAD’s legal theories.

There is no dispute that RAD will suffer financial loss based on the chancery court’s decision; however, based on our standard of review, the evidence in the record, and the relevant case law, we cannot find that the chancery court abused its discretion in granting the Ross family’s request for injunctive relief and denying RAD’s motion to alter or amend the judgment.

Long story short…….RAD has incurred the cost of building a home and their attorney’s fees for a trial in Chancery Court and an appeal to the Court of Appeals.  Now they get to pay the costs of tearing down the home and repairing the lot to its undisturbed condition.  That isn’t so RAD, but I suspect some law professors will find it humorous.

Gone fishing

From the 1960 Missouri Court of Appeals case of Moore v. Moore:

We will agree with respondent in his
definition of Stone County freedoms that a husband
has a right to go fishing. And we will go further
and say that this right extends to fishing without the
constant and ever-present impediment of female
presence and participation, if such be against the
will of the husband. It is a wise wife who accords
her husband that freedom–in moderation–and a
foolish wife who interferes.

 

Is Justice for Sale in Arkansas? —-update

Matt Campbell at the Blue Hog Report provides an update on Judge Mike Maggio in Arkansas.  According to Campbell, The Arkansas Supreme Court stripped Judge Maggio of his docket.  The Arkansas Business Journal has a similar story.  Not surprisingly, things are not looking very positive for the good judge.  It might be a good time for him to polish up his resume.

 

Regions Bank Scam

I have the worst luck when it comes to receiving spam/scam mail.  From earlier today:

Regions scam

So what makes it a scam?  Well the first small clue is that I don’t have accounts at Regions.  Second, that hyperlink in the middle that appears to be directed at http://www.regions.com actually redirects to  www.lapuertacarpinteria.com.  Regions doesn’t redirect customers to third parties…..particularly third party websites that appear to be owned by a a carpentry business in Mexico.  Third, neither Regions nor any other banking institution sends emails telling you to update and verify your account information.  A financial institution would already have your information.  Forth, unlike me Regions typically doesn’t send out email with spelling deficiencies.

Is justice for sale in Arkansas?

Lets say a nursing home is responsible for the death of your mother.  I wont go into much detail other than to say that she screamed in agony for hours prior to her death.  You file a lawsuit against the nursing home and eventually a jury of your peers awards the sum of $5.2 million.

The nursing home files motions with the court to reduce the verdict (they always do).  The judge finds that the award “is so great that it shocks the conscience of the court” and reduces the $5.2 million to $1 million.  After the judge reduces the verdict by $4.2 million dollars, seven (yes 7) PACS are formed and money related to the owner of the nursing home flows through those PACS and to the judge in your case.

Coincidence?  Does that sound fair?  Does that sound like justice was for sale in your case?

Read the entire story from investigative blogger Matt Campbell at the Blue Hog Report.  His reminds me of Kingfish over at Jackson Jambalaya.

Miscellaneous Friday

A few things of interest or that were just too funny to pass up.

Things NOT to say to your wife unless you want to visit a divorce attorney or emergency room.

Despite myths to the contrary, most don’t sue despite chronic neck pain after car wrecks.

Texas wife runs newspaper ad to give a “congrats on the new baby” to her husband and his girlfriend.

In Tennessee, passing six (6) field sobriety tests isn’t enough to avoid going on trial for DUI.

Texting while walking is more dangerous than texting while driving on a per mile basis.

Similar to my 40…41 things not to do during your divorce, Eliana Baer of FoxRothschild LLP gives the 10 Commandments of Divorce.

It’s a small world

No telling how many times I have heard that said over the years, but it came to mind while flipping through some old pictures when I came across this one.

SAMSUNG

The date was March 28, 2012.  The guy in the back is my best friend.  We had just finished eating lunch at Mr. Chen’s  in Jackson.  As my friend started to get in his truck, he took a second to talk to a man that was pushing a lady in a wheelchair and gave them a couple bucks.  A random act of kindness.

Flash forward a couple weeks.  I received a call at the office from a gentleman that needed representation in a wrongful death case.  While speaking with him, he relayed that his brother had been killed on March 30, 2012 in a pedestrian vs. vehicle wreck on the frontage road of Interstate 55 in Jackson.  As we talked, he disclosed that his brother was pushing a wheel chair for a disabled lady and both were struck.  His brother died at the scene and the lady passed away a few days later from her injuries.

Out of several thousand attorneys in Mississippi, my client chose an attorney that actually saw his brother in the 48 hours prior his death.  It truly is a small world.

Something to consider in your divorce case

There are endless things to consider when moving through a divorce case.  Which parent gets custody?  What is the visitation schedule?  What happens when soccer practice interferes with visitation?  Which parent gets to claim the child for tax purposes?  How much life insurance is enough?  While all of those questions must be answered there are other things that need to be addressed as well.

For one……what if there are pictures or digital images of the parties that depict scandalous behavior.  Maybe a picture of the wife naked or the police officer husband smoking marijuana.  It could be anything that one of the parties to the divorce doesn’t want getting out.

For years attorneys have inserted a provision in property settlement agreements that stated something similar to:

Each of the parties shall be free from interference, authority and control, direct or indirect, by the other as fully as if he or she were single and unmarried. Neither party hereto shall in any way molest or harass the other, attempt to visit the other, or attempt to persuade the other to cohabit or dwell with him/her by any means whatsoever, and each party shall fully respect the rights of privacy of the other.

Does that cover a disgruntled ex-husband from forwarding pictures to a co-worker or the new boyfriend of his ex-wife?  Maybe.  With the proliferation of revenge porn sites it is probably better to handle the matter directly in the property settlement agreement or final judgment of divorce.

If there are specific pictures that are known to the parties, require each party to destroy the pictures within a certain time frame of the entry of the divorce.  Also, consider requiring the parties to agree that the pictures have not and will not be disseminated in the future.

Too stupid for satire

Did you see the story about the racist NRA president?  What about the story where McDonald’s was using human meat or the story with Sarah Palin joining the Al Jazeera news network?  If you spend any time on facebook or have an email account, you probably heard of one or more of them.  The problem however, is that all of them are satire.  Nevertheless, people routinely become red faced over the stories and repeat them.  Please read before you forward.

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