Unsustainable Exercise of Discretion

In re Salesky, 2007-818 (N.H. S.Ct., Oct. 8, 2008)

NHCaseLaw.com — Sun, 12 Oct 2008 17:36:44 -0500

DALIANIS, J. The respondent, Jacqueline Salesky, appeals the final decree in her divorce from the petitioner, John Salesky, which was recommended by a Marital Master (Forrest, M.) and approved by the Superior Court (Hampsey, J.). We affirm.

Estate of Sicotte v. Lubin & Meyer, P.C., 2007-731 (N.H. S.Ct., Sep. 12, 2008)

NHCaseLaw.com — Fri, 12 Sep 2008 14:19:17 -0500

HICKS, J. The plaintiff, Estate of Marcus R. Sicotte (the Estate), appeals an order of the Superior Court (Houran, J.) dismissing its legal malpractice case against the defendant law firm, Lubin & Meyer, P.C. (L&M). We affirm.

Thomas v. Telegraph Publishing Co., et al., 2003-700 (N.H. S.Ct., Sep. 24, 2004)

NHCaseLaw.com — Fri, 05 Sep 2008 15:44:22 -0500

NADEAU, J. In these appeals, we are asked to determine whether the Trial Court (Groff, J.) erred in: (1) finding personal jurisdiction over four Massachusetts defendants; and (2) denying the plaintiff’s motion to amend his writ. We affirm and remand.

Thomas v. Telegraph Publishing Co., et al., 2005-751 (N.H. S.Ct., May. 1, 2007)

NHCaseLaw.com — Fri, 05 Sep 2008 15:34:28 -0500

DUGGAN, J. The plaintiff, Terry T. Thomas, appeals, and the defendants, Telegraph Publishing Company (Telegraph), Terrence L. Williams, Joshua Trudell, Town of Hudson (Town), Michael Gosselin, Roland Anderson, Albert Droney, Gene Bousquet, and Edith Flynn, cross-appeal an order of the Trial Court (Groff, J.) granting summary judgment in favor of the defendants. We affirm in part, reverse in part, vacate in part and remand.

Lassonde v. Stanton, et al., 2007-447 (N.H. S.Ct., Aug. 15, 2008)

NHCaseLaw.com — Fri, 15 Aug 2008 16:54:09 -0500

BRODERICK, C.J. The defendants, Charles and Susan Stanton, appeal a judgment of the Superior Court (Vaughan, J.) finding them liable for breach of contract and defamation. The plaintiff, Harold Lassonde, III, doing business as Mountain View Construction, cross-appeals, challenging the amount of damages awarded on his defamation claim, and the trial court’s failure to include attorney’s fees and interest in his breach of contract award. We affirm in part, vacate in part, and remand.

State v. Forbes, 2007-573 (N.H. S.Ct., Aug. 6, 2008)

NHCaseLaw.com — Wed, 06 Aug 2008 21:14:12 -0500

DUGGAN, J. The defendant, John Forbes, was convicted by a jury in Superior Court of one count of aggravated felonious sexual assault. See RSA 632-A:2, II (2007). On appeal, he argues that the Trial Court (Coffey, J.) erred in admitting evidence of his silence as an adoptive admission pursuant to New Hampshire Rule of Evidence 801(d)(2)(B). Because we agree that the trial court unsustainably exercised its discretion by admitting this evidence, we reverse and remand.

Baxter v. Temple et al., 2007-102 (N.H. S.Ct., May. 20, 2008)

NHCaseLaw.com — Wed, 21 May 2008 14:28:44 -0500

DUGGAN, J. The minor plaintiff, Shelby Baxter, by and through her mother and next friend, Patricia Baxter, appeals the exclusion by the Trial Court (Hollman, J.) of two expert witnesses in her negligence action against the defendants, Charles and Kelly Temple. The exclusion of these witnesses resulted in dismissal of the plaintiff’s case. We reverse in part, vacate in part, and remand.

Town of Amherst v. Gilroy, 2006-694 (N.H. S.Ct., May. 20, 2008)

NHCaseLaw.com — Wed, 21 May 2008 14:03:15 -0500

DUGGAN, J. The defendant, Rosemary A. Gilroy, appeals the order of the Milford District Court (Moore, J.) that extended the deadline by which she had to either remove a non-conforming shed from her property or bring it into compliance before being fined $42,350 pursuant to RSA 676:17, I (Supp. 2007). We affirm in part, vacate in part and remand.

State v. Korean Methodist Church of New Hampshire, 2007-381 (N.H. S.Ct., May. 16, 2008)

NHCaseLaw.com — Fri, 16 May 2008 10:50:04 -0500

DUGGAN, J. The defendant, Korean Methodist Church of New Hampshire (Church), appeals the denial by the Superior Court (Coffey, J.) of its preliminary objection to the declaration of taking filed by the State. See RSA 498-A:9-a, :9-b (Supp. 2007). We affirm.

Tosta v. Bullis, 2007-405 (N.H. S.Ct., Feb. 26, 2008)

NHCaseLaw.com — Fri, 16 May 2008 00:14:59 -0500

BRODERICK, C.J. The defendant, Russell Bullis, Jr., appeals an order of the Portsmouth Family Division (DeVries, J.), entered on the recommendation of a Marital Master (Fishman, M.), denying his motion to dismiss a domestic violence petition filed by his wife, the plaintiff, Cintia Tosta. He also appeals the trial court’s order granting her a final domestic violence protective order after a hearing. See RSA 173-B:5 (Supp. 2007). We reverse.