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Topic: Modification of Final Judgment

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In the News (Thu 21 Feb 19)

  In re Adoption of M.
Vacation of that judgment would terminate the parent-child-relationship between the adoptive daughter and her adoptive parents, thereby enabling the daughter to marry her adoptive father and legitimize the infant child conceived by them and born just two (2) months prior to this application.
Subsequent to judgment, the adoptive parents are, as a matter of law, the parents of that child as if the child had been born to the adoptive parents in lawful wedlock.
Petitioner's application to vacate the final judgment of adoption as pertains to her adoptive father is - - as it must be - - granted.
fl.bna.com /fl/19990126/5291.htm   (3637 words)

 [No title]
Finally, the Bureau noted that section 10(d) of the Act explicitly prohibits the Commission from taking any action that would constitute a forbearance of its authority to ensure that section 271's requirements are fully implemented.
Further, as the Bureau correctly held in the LATA Modification Order, states' discretion to implement toll dialing parity on the basis of state boundaries is not a grant of authority to the states to authorize a BOC to provide intrastate interLATA service.
Finally, notwithstanding the manner in which a state chooses to implement toll dialing parity, each BOC is required to comply with the separate affiliate requirements of section 272 before the BOC may be granted in-region interLATA authority under section 271.
www.fcc.gov /ftp/Bureaus/Common_Carrier/Orders/1999/fcc99222.txt   (3871 words)

 4-03-0022, In re Marriage of Marsh
The fact that the order may not have been final for appeal purposes does not alter the fact that it was a conscious modification of the temporary custody arrangement made after a testimonial hearing.
It is axiomatic that if the final order is immediately appealable, the party who has unsuccessfully sought custody of a child is entitled to have the trial court's judgment reviewed for error.
The filing of section 610(a) affidavits is neither necessary nor warranted until the custody judgment is final for purposes of appeal.
www.state.il.us /court/Opinions/AppellateCourt/2003/4thDistrict/November/Html/4030022.htm   (2719 words)

 Notice: Proposed Final Judgment and Competitive Impact Statement; United ........
Entry of the proposed Final Judgment would terminate this action against the Settling Physician Defendants, except that the Court would retain jurisdiction to construe, modify, or enforce the provisions of the proposed Final Judgment, and to punish violations of it.
The proposed Final Judgment also prohibits each Settling Physician Defendant from communicating with any competing physician about his or his practice group's view or position concerning the negotiation or acceptability of any proposed or existing payer contract or contract term, including his or his medical practice group's negotiating or contracting status with any payer.
Procedures Available for Modification of the Proposed Final Judgment The parties have stipulated that the proposed Final Judgment may be entered by this Court after compliance with the provisions of the APPA, provided that the United States has not withdrawn its consent.
www.pharmcast.com /FederalRegistrar/Yr2005/Aug2005/080105/Physician080205.htm   (7995 words)

 Bergen County Family Lawyer / NJ Divorce Attorney: Uncontested, Child Custody, Alimony
The court enters a judgment of divorce and the non-responding party, having passed on their opportunity to contest or negotiate the terms of the divorce, accepts whatever the final court order states.
The final judgment is mailed by your attorney or otherwise served on your spouse.
The standard for seeking a modification of a judgment (either increasing or decreasing the amount to be paid) is "changed circumstances".
www.itonlaw.com /famlaw.html   (1460 words)

 Modification (part 6) - Moving the judgment to a different state
Modification is a court action where you want to change an existing family court order due to some change since the court originally entered the custody order, divorce decree or final judgment in your divorce or custody.
Most states require that in order to modify the original final judgment that there be a "significant" change since the entry of the final judgment.
In order to modify a final judgment of divorce from one state to another, a few more steps are required when modifying.
www.suite101.com /article.cfm/divorced_parents_retired/24565   (487 words)

 Common Legal Terms
Judgment File: A permanent court record of the court’s final disposition of the case.
Post Judgment: Any request to a court or action by a judge after a judgment in a case.
Sentence Modification: A defendant’s written application to the sentencing judge or court to reduce the sentence at any time during the sentence.
www.jud.state.ct.us /legalterms.htm   (7073 words)

 Converted WP file /web/data/judiciary/opinions/083102
On this matter, the court recently wrote: “A final judgment disposes of the subject matter of litigation as to the parties so far as the court in which the action is pending has the power to dispose of it.” Hubbard v.
Money judgments are not enforceable by contempt unless they constitute a money judgment for past due child support.
Finally, Tom contests the court's order that he pay Cathy's attorney fees, specifically arguing that the actions leading to the court order were without merit.
www.state.in.us /judiciary/opinions/archive/083102.jgb.html   (1593 words)

 Divorce Mediator, Christian Mediation and Attorney-Assisted Paralegal Services since 1994
By contrast, arbitrators and courts are obliged to decide a dispute according to the law and rules of evidence and procedure, and the parties are legally bound by an arbitrator’s award or a judgment of the court.
Finally, consider that agreements reached through mediation are more likely to be carried out than those imposed by a judge.
Alternatively, if it proceeds to arbitration or litigation, the parties and their advisers will be better prepared and better able (subject to confidentiality) to assist the arbitrator or judge in defining the issues and achieving an efficient and final decision on the outstanding issues.
attorneyalternative.org /mediation.htm   (2204 words)

 45-257 - Hearings; report of master; final judgment by court; administration and enforcement of decree
Refer the final judgment or decree to the director for administration and enforcement under the continuing jurisdiction of the court.
Record a certified copy of the final judgment or decree in each county within the geographical scope of the general adjudication which shall constitute constructive notice of the contents of the judgment or decree.
Any modification to an agreement is valid only if agreed to by all parties to the agreement and is binding only among the parties to that agreement.
www.azleg.state.az.us /ars/45/00257.htm   (632 words)

 Motion of the United States for Modification of the Final Judgment : U.S. v. Greater Pittsburgh Board of Realtors
Pursuant to section III of the Final Judgment, the consent decree is binding on RAMP.
Where, as here, the United States, as plaintiff, unilaterally proposes a modification to a consent judgment and the modification does not further restrict the defendants' rights or actions, the Court should apply the same standard as when the United States and defendants both consent to a modification.
The judiciary's role in determining whether the initial entry of a consent decree is in the public interest, absent a showing of abuse of discretion or a failure to discharge its duty on the part of the government, is to "inquire.
www.usdoj.gov /atr/cases/f210000/210099.htm   (1776 words)

 Divorce: State Specific - Child Support Modification Forms with Instructions
Although it is very difficult, if not impossible, to modify certain parts of your Original Judgment or Decree, you will find that it is very normal and quite expected by the Court that the issue of child support is revisited and potentially modified once or several times before the child(ren) reach the age of majority.
You are not in agreement with your ex-spouse regarding child support and you plan to request a modification without his or her consent.
Obviously, if you are in agreement with your ex-spouse, the modification process may be a little less drawn out, but this software provides all the forms and instructions for both scenarios.
www.divorcesource.com /webcartd/modification2.html   (417 words)

This case was finally settled by agreement between ATandT and the DOJ in a 1956 Consent Decree.
The MFJ was essentially a modification of the earlier 1956 Consent Decree.
Finally, other proponents would view the continued regulated local monopoly under divestiture as a means for serving the "universal service" policy goal.
www.tele.sunyit.edu /case1.html   (3135 words)

 United States v. Premdor Inc., Premdor U.S. Holdings, Inc., International Paper Company, and Masonite Corporation; ...   (Site not responding. Last check: 2007-10-08)
Subject to Section V(C) of this Final Judgment, the monitoring trustee may hire at the cost and expense of defendant Premdor any consultants, accountants, attorneys, or other persons, who shall be solely accountable to the monitoring trustee, reasonably necessary in the monitoring trustee's judgment.
Subject to Section VI(C) of this Final Judgment, the trustee may hire at the cost and expense of defendant Premdor, any investment bankers, attorneys, or other agents, who shall be solely accountable to the trustee, reasonably necessary in the trustee's judgment to assist in the divestiture.
The proposed Final Judgment provides that the Towanda Facility be divested in such a way as to satisfy the United States, in its sole discretion, that the acquirer can and will use the assets as part of a viable, ongoing business.
www.washingtonwatchdog.org /documents/fr/01/au/28/fr28au01-90.html   (8348 words)

 DCBA Brief, September 2004 - Appeals from Non-final Orders, A/K/A Interlocutory Appeals, in Civil Matters Prior to ...
This presumes that the appellant from the judgment in the second trial was the successful party in the first trial, and desires that the first judgment rather than the second judgment be sustained.
FINAL COMMENT: This rule attempts to give the appellate court the jurisdiction to review interlocutory orders that the supreme court has decided may materially affect the prosecution or defense of a particular cause of action.
FINAL COMMENT: This rule was designed to allow review of actions of the trial court that are essentially equitable relief prior to final judgment, except for the termination of parental rights which is about as final as an order can get as far as a parent is concerned.
www.dcba.org /brief/sepissue/2004/art40904.htm   (3578 words)

 Operations and Policy Manual - Table of Contents   (Site not responding. Last check: 2007-10-08)
It is required that a Final Judgment of Dissolution of Marriage be prepared, as well as submitting to the court any agreements entered into between the parties, and the final disposition sheet.
The attorney preparing the final judgment is to submit the proposed final judgment to opposing counsel for approval as to form prior to submission to the court.
Modifications will be set for trial upon notice to the court that the matter is ready to proceed to trial.
www.jud18.flcourts.org /18th_stuff/op_toc_Civil_Policies_Seminole.html   (5628 words)

 CNET News.com - Full text of Comments on Plaintiffs' Revised Proposed Final Judgment
Were the Court to accept all of Microsoft’s proposed changes, the government’s proposed final judgment would be improved, but much of the vagueness and ambiguity would remain because it is inherent in the structure of document.
Within 90 days after the effective date of this Final Judgment, Microsoft shall establish a Compliance Committee of its corporate Board of Directors, consisting of not fewer than three members of the Board of Directors who are not present or former employees of Microsoft.
This Final Judgment shall take effect 90 days after the date on which it is entered; provided, however that sections 1.b and 2 (except 2.d) shall be stayed pending completion of any appeals from this Final Judgment.
news.com.com /html/ne/Special/Microsoft/comments_on_proposed_judgment.html   (11282 words)

 LawKT.com: Law Firm Publications on Final Judgment
Finally, if the class attorney’s compensation is not based on a contingency arrangement, the class attorney’s fees must be based on the time actually spent working on the case, and cannot be an arbitrary fee determined ad hoc by the attorney.
Finally, outside of the telecommunications sector, the impact could be substantial in other regulated industries, particularly where there is a regulatory scheme which either addresses competition or provides alternative means of addressing competition issues, such as those found in the federal antitrust laws.
Finally, in a fourth letter, P-2002-5, the OTS ruled that federal law preempted an Oklahoma law that sought to require federal savings banks to provide notice before establishing or operating ATMs in the state and sought to preclude institutions (and their subsidiaries) with no presence in the state from such establishment and operation.
www.lawkt.com /pubs/Final_Judgment.html   (13117 words)

 FR Doc 05-13532
Greater Pittsburgh Board of Realtors; Motion of the United States for Modification of the Final Judgment Notice is hereby given that a Motion for Modification of the Final Judgment, proposed Final Judgment and proposed Order have been filed with the United States District Court for the Western District of Pennsylvania.
The Final Judgment was entered on May 21, 1973 and prohibited the defendants from agreeing on prices and from publishing any rate or commission for the sale of real estate.
The Legal Standards Applicable to Modification of an Antitrust Judgment With the Consent of the Government This Court has jurisdiction to modify the Final Judgment pursuant to Paragraph XI of the Judgment, the Federal Rules of Civil Procedure, Fed.
a257.g.akamaitech.net /7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-13532.htm   (2058 words)

 [No title]
For purposes of determining or securing implementation of or compliance with this Final Judgment, including the provisions requiring a plan of divestiture, or determining whether this Final Judgment should be modified or vacated, and subject to any legally recognized privilege, from time to time: i.
This Final Judgment shall take effect 90 days after the date on which it is entered; provided, however that sections 1.b and 2 (except 2.d) shall be stayed pending completion of any appeals from this Final Judgment.
This Final Judgment shall expire at the end of ten years from the date on which it takes effect.
www.cnn.com /interactive/us/0006/microsoft.decision/pages/5.html   (299 words)

 Court TV Library
(b) Modification of Final Judgment: This Act shall supersede the Modification of Final Judgment to the extent that it is inconsistent with this Act.
GTE Corp., No. 83-1298 (D.C. D.C.), and such Final Judgment shall not be enforced after the effective date of this Act.
(2) Modification of final judgment: The term `Modification of Final Judgment' means the decree entered on August 24, 1982, in United States v.
www.courttv.com /archive/legaldocs/cyberlaw/telecom.html   (9573 words)

 [No title]
Finally, a variety of wireless networks allow consumers to communicate directly with one another and avoid the wired LEC networks.
Thus, to be successful, the reforms needed to effectively eliminate the MFJ maintained by the federal district court in the District of Columbia.
If Congress classified the MFJ as a final judgment, it would risk unconstitutionally encroaching upon the power of the judiciary if it eliminated the order's retroactive effect.
www.law.fsu.edu /journals/lawreview/frames/241/hughtxt.html   (8372 words)

 Chairman Hyde's Statement on Telecommunications Reform   (Site not responding. Last check: 2007-10-08)
Congress is now moving to replace the Consent Decree -- the Modification of Final Judgment or "MFJ" -- with a new statute.
However, it is important to emphasize that my bill is not the MFJ "all over again." Unlike the waiver process under the current Consent Decree, the bill sets specific tight deadlines.
Finally, the appeal is not to the District Court but to the DC Circuit Court of Appeals on an expedited basis.
judiciary.house.gov /judiciary/015.htm   (474 words)

 [No title]
All italicized text in the printed version appears in Roman.) -------------------- A BILL To supersede the Modification of Final Judgment entered August 24, 1982, in the antitrust action styled United States v.
`(6) The term `Modification of Final Judgment` means the decree entered August 24, 1982, in United States v.
`(11) The term `Bell operating company` means the corporations subject to the Modification of Final Judgment and listed in Appendix A thereof, or any entity owned or controlled by such corporation, or any successor or assign of such corporation, but does not include an electronic publishing joint venture owned by such corporation or entity.`.
sunsite.utk.edu /FINS/Telecommunications_Infrastructure/Fins-TI-12.txt   (6022 words)

 [No title]
Throughout the term of this Final Judgment, Microsoft, the Operating Systems Business and the Applications Business shall be prohibited from taking adverse action against any person or entity in whole or in part because such person or entity provided evidence in this case.
This section shall remain in effect throughout the term of this Final Judgment, provided that, consistent with section 2.e, this section shall not apply to the Applications Business after the Implementation of the Plan.
Within 90 days after the effective date of this Final Judgment, Microsoft shall establish a Compliance Committee of its corporate Board of Directors, consisting of not fewer than three members of the Board of Directors who are not present or former employees of Microsoft.
cyber.law.harvard.edu /msdoj/judgment/ms-final2.html   (3348 words)

 United States v. The Manitowoc Co. Inc., Grove Investors Inc., and National Crane Corp.; Proposed Final Judgment and ...
Subject to Section V(D) of this Final Judgment, the trustee may hire at the cost and expense of defendants any investment bankers, attorneys, or other agents, who shall be solely accountable to the trustee, reasonably necessary in the trustee's judgment to assist in the divestiture.
This Court retains jurisdiction to enable any party to this Final Judgment to apply to this Court at any time for further orders and directions as may be necessary or appropriate to carry out or construe this Final Judgment, to modify any of its provisions, to enforce compliance, an to punish violations of its provisions.
The Judgment requires that within one hundred and fifty (150) calendar days after the filing of the Complaint in this matter, or within five (5) days after notice of entry of the Final Judgment, whichever is later, Manitowoc must sell its own or Grove's boom truck business to an acquirer acceptable to the United States.
news.tradingcharts.com /stocks/2/6/30244362.html   (5816 words)

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