Matthew William Buckmiller for Appellant, Roy Jefferson Allen Appellee
. VLW No.
Throughout its opinion, the court restated the appellee
established the difficulty of "complying with the
That the father was imprisoned for murdering the mother came out in the appellee
In one, the judge concurred with the majority's holding that the appellants sufficiently challenged the damages evidence with regard to the appellee
's survival action such that the jury's award should not be disturbed on appeal, However, the same judge vehemently disagreed with the majority's holding to the extent that it did not award a new trial on the issue of damages for the appellee
's wrongful death suit.
was restricted to Training Center Yorktown.
Once it appears that the trial court clearly must be affirmed, listening to oral argument for the appellee
wastes time and energy.
Patrick Robert Jensen for Appellant Commonwealth, Brian Keith Hall for Appellee
did not challenge other elements of Ms.Balogh's income-capitalization analysis, including the rents for the remaining tenants, the vacancy and operating expenses, and the capitalization rate, all of which she amply supported with credible evidence.
(Paul Lundberg for appellant) (Anthony Osborn for appellee
, Jeana Goosmann and Marie Ruettgers on brief)
1st DCA 2013), the First District Court of Appeal, in refusing to apply the tipsy coachman rule, addressed the foundational requirement of a "basis in the record." It acknowledged that the appellee
need not have raised the alternative argument below.
In fact, in May 2018, the Minnesota Supreme Court took that very stance, deeming waived an argument that was referenced in briefing and at oral argument, but for which the appellee
failed to "provide any analysis or cite to legal authority to support th[e] claim." See Christie v.