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Scott v. Scott

Citations

  • 136 P.3d 892
  • 2006 WL 1520290

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing the “unique circumstances presented by probate actions” when it comes to determining the scope of proceedings
  • relying, in part, on the fact that the probate court used the same case number 11 for multiple pleadings to hold that the pleadings did not initiate independent proceedings within the meaning of section 3-107
  • “When confronted with circumstances where the jurisdiction of the court of appeals is uncertain, [the supreme court] ha[s] generally required [R]ule 54(b) certification.”
  • in determining whether a rule of civil procedure applies to a provision of the probate code, we “look first to the underlying purposes and policies of the probate code”
  • “The probate court is in a better position than the appellate court to evaluate the status of a proceeding and to determine whether a claim is ripe for review[.]”
  • r ecognizing that, while an “initial petition outlines a set of claims and begins a proceeding, ” 11 subsequent pleadings that “relate to that set of claims are part of the same proceeding”

Source: CourtListener parenthetical corpus (CC0).

Judges: Rice

Read full opinion on CourtListener

Cited by

33 cases in this archive cite this case; the 20 most cited are listed.

Cites

15 cases in this archive are cited by this case.

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