How You Draft the Judgment Can Screw up Your Case

… title says it all – how a judgment is drafted, how it’s submitted, how it’s entered, etal …..

The Better Chancery Practice Blog

Many chancellors, present company included, often direct attorneys to draft a judgment incorporating the court’s ruling.

As you can probably imagine, the quality of resulting judgments varies considerably. We sign them, however, unless they are egregiously flawed, in which case we send the lawyers scurrying back to their proverbial drawing boards.

Sometimes, though, a lawyer will catch the judge in a distracted or weak moment, and the judge signs a judgment that is — well — not suited to the task.

That is what apparently happened in the case of Weathers v. Guin, decided by the COA on November 18, 2014.

Scott Guin filed a complaint for custody modification against his ex, Regina Weathers, on June 4, 2013. On July 8, 2013, an order was entered awarding custody to Scott. The order did not cite what was the material change in circumstances upon which the modification was based. It did…

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