4th DCA 2012) ("Nevertheless, in this case the complaint was filed by the original payee and mortgagee, who assigned its interest in the note and mortgage to the appellee
during the suit, substituting appellee
as the party plaintiff.
If an appellee
fails to timely raise an estoppel defense, the defense is waived on appeal, and the court will proceed to the merits of the appellant's argument.
was restricted to Training Center Yorktown.
Brief in Behalf of Appellee
, The Society of the Sisters of the Holy Names of Jesus and Mary at App.
award just damages and single or double costs to the appellee
Brief for Appellee
at 5, In Re Estate of Duval, 2010 SD 2, 777 N.
need not include a statement of facts "except to the extent that the presentation by the appellant is deemed unsatisfactory.
Floyd Carroll Evans, Appellee
," and it was published June 5 by the Arkansas Supreme Court.
chastising the district court and appellee
for "pay[ing] no heed to any of the other authorities contrary to their position, such as the decisions of the United States Supreme Court and the learned works of civil- and common-law scholars").
The set also contains a relevant glossary; a case summary; the Appellee
Case Brief; the Appellant Case Brief; the Order Denying Transfer; and the Court's Opinion.
The appellate court agreed with the argument of the appellee
that if the inference proposed by the claimant established a prima facie case, the unsuccessful bidder on most TDOT projects could make a claim that they had been deprived of rights under the competitive bidding statutes.