Oral arg. – COA -Jan. 31, 2017

At 10:00 the COA will hear the case of Gertrude Brooks v. The Landmark Nursing and Rehabilitation Center.

Summary judgment was granted to the Landmark Nursing Home after Brooks failed to timely respond to requests for admission. Brooks appeals arguing that “[o]ne reason the trial court should have denied summary judgment is because the deemed admissions involved conclusions of law that are beyond the purview of Rule 36.” She further argues that the court should have applied a two part test in determining whether to allow the admissions to be withdrawn: (1) whether “the presentation of the merits of the action will be subserved” by withdrawing the admissions and (2) whether “the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice him in maintaining his action or defense on the merits.”

brooks-brief

landmark-nursing-center-brief

Watch the argument here

 

At 1:30 the COA will hear Jeffrey Jack Stroh v. Nancy Jane Zahr Stroh.

The Zohrs agreed to an ID divorce with the chancellor to decide the division of property and alimony, if any. Jeffrey owned two businesses: Eldorado Storage, LLC  and Outdoor Graphics.  On appeal, Jeffrey disagrees with the property division and the award of periodic permanent alimony to Nancy.

jeffrey-stroh-brief

nancy-stroh-brief

jeffrey-stroh-reply-brief

Watch the argument here

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