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2 weeks ago | 
molawyersmedia.com | Jordan Yount
Claimant appealed the denial of his workers’ compensation claim based on the finding that his work-related accident was not the prevailing factor in his disability.
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2 weeks ago | 
molawyersmedia.com | Jordan Yount
Claimant appealed the Labor and Industrial Relations Commission’s denial of his claim for benefits from the Second Injury Fund seeking total disability benefits related to a work accident where a two-ton beam crushed claimant’s lower legs. Claimant alleged that he had a preexisting disability to his lower back caused by a prior fall from an overpass, testifying that he continued to suffer back pain for the rest of his career that resulted in diminishing capabilities as he aged.
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2 weeks ago | 
molawyersmedia.com | Jordan Yount
Plaintiff appealed the trial court’s judgment finding that defendants were the owners of a disputed parcel by adverse possession, arguing that the weight of the evidence did not support finding that defendants’ possession was hostile and exclusive. Plaintiff also argued that the trial court erred in failing to apply estoppel, the parol evidence rule, or the statute of frauds.
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2 weeks ago | 
molawyersmedia.com | Jordan Yount
Wife appealed the trial court’s order granting husband’s motion to dismiss wife’s motion for a nunc pro tunc order. Wife sought an order alleging that the trial court’s decree of dissolution of marriage contained erroneous language due to a clerical mistake.
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2 weeks ago | 
molawyersmedia.com | Jordan Yount
Defendant appealed his conviction for second-degree murder, armed robbery, armed criminal action, and unlawful use of a weapon, following an incident in which an SUV chased down a sedan; after the sedan crashed, two men exited the SUV and shot the occupants. Evidence uncovered by police indicated that defendant was the driver of the SUV, which was registered to defendant’s girlfriend who admitted that defendant occasionally drove it.
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2 weeks ago | 
molawyersmedia.com | Jordan Yount
Defendant appealed her conviction for endangering the welfare of a child, felony murder, domestic assault, and property damage after her children died from hyperthermia when she left them in a vehicle on a summer afternoon. On appeal, defendant challenged the sufficiency of the evidence and argued that the trial court erroneously admitted prejudicial evidence of her methamphetamine use.
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2 weeks ago | 
molawyersmedia.com | Jordan Yount
Defendant appealed the denial of its motion for JNOV after the jury entered a verdict for plaintiffs on their nuisance and negligence claims alleging property damage and loss of use of enjoyment of their property. Defendant argued that claims for loss of use of property against a party having the power of eminent domain had to be brought through an action for inverse condemnation.
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2 weeks ago | 
molawyersmedia.com | Jordan Yount
Defendants appealed the trial court’s judgment, challenging the weight of the evidence. Plaintiffs filed suit seeking to keep their sewer lateral line, arguing that they had acquired title or prescriptive easement over a portion of defendants’ lot and another portion of land including a sea wall. Defendants counterclaimed, seeking a declaration that they owned exclusive title to the disputed property.
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2 weeks ago | 
molawyersmedia.com | Jordan Yount
Father appealed the trial court’s granting guardians’ petition to adopt father’s child. The trial court concluded that father’s consent to the adoption was not required because for the six months prior to the filing of the adoption petition, father willfully, continuously, and substantially neglected to provide care and protection to his child. On appeal, father alleged ineffective assistance of his appointed counsel.
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2 weeks ago | 
molawyersmedia.com | Jordan Yount
The state moved for reconsideration or en banc hearing, or alternatively, for transfer of the case to the supreme court, arguing that the court’s ruling on defendant’s appeal overlooked controlling supreme court precedent on waiver of instructional plain error. Where the state’s cited case law was inapplicable, the court denied the motion. Motion is denied. State v.
