Manley v. DeVazier

Filing 49

ORDER: For the reasons stated on the record at the end of the 7/5/2017 hearing, the Court made the following rulings. 37 Motion for Summary Judgment on Brad DeVazier's answer and counterclaim is granted. Counts 1 & 2 of the amended complaint w ill be dismissed without prejudice as moot. Shawn's 39 Motion for partial summary judgment on Count 3 of the amended complaint is granted. Each side's request for attorney's fees is denied. Signed by Judge D. P. Marshall Jr. on 7/7/2017. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION SHAWN DeV AZIER MANLEY, In Her Capacities as Executrix of the Estate of Donna A. DeV azier and as Beneficiary of the Donna A. De V azier Irrevocable Inter Vivos Trust No. 1 Dated December 29, 2003 PLAINTIFF/ COUNTER DEFENDANT v. No. 2:15-cv-164-DPM THOMAS BRADLEY DeV AZIER, Individually, and as Trustee of the Donna A. DeVazier Irrevocable Inter Vivos Trust No. 1 Dated December 29, 2003 SHAWN DeV AZIER MANLEY, In Her Capacity as Executrix of the Estate of Donna A. De V azier v. DEFENDANT/ COUNTER CLAIMANT PLAINTIFF/ COUNTER DEFENDANT No. 2:15-cv-165-DPM THOMAS BRADLEY De V AZIER, Individually, as successor Administrator of the Estate of Thomas B. DeV azier and as Trustee of the Thomas B. De V azier Marital Deduction Trust Established December 29, 2003 DEFENDANT/ COUNTER CLAIMANT ORDER For the reasons stated on the record at the end of the 5 July 2017 hearing, the Court made the following rulings: • Brad DeVazier' s motion for summary judgment on his answer and counterclaim, Ng 3 7, is granted. • Counts 1 & 2 of the amended complaint will be dismissed without prejudice as moot. • Shawn's motion for partial summary judgment, on Count 3 of the amended complaint, Ng 39, is granted. • Each side's request for attorney's fees is denied. So Ordered. {/ D .P. Marshall Jr. United States District Judge -2-

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