Court: Unseal documents in NASCAR chairman's legal fight with ex ...

The N.C. Court of Appeals on Monday upheld a Mecklenburg judge?s order unsealing the secret documents in NASCAR Chairman Brian France?s legal battle with his former wife.

The appeals court ruling is the latest twist in Brian and Megan France?s efforts to keep secret the details of their legal wrangling and the contents of their confidential separation agreement.

Brian France has sought to scrap the separation agreement with his ex-wife that calls for him to pay the mother of his two children $9 million as well as more than $40,000 a month in alimony and child support. The NASCAR chairman claims Megan France breached their confidential agreement.

The appeals court ruling Monday upholds Mecklenburg District Judge Jena Culler?s ruling in August 2011 unsealing the documents in the Frances? litigation. Culler also overturned an order by a former judge sealing the documents in 2008.

?The public has a right to access court files,? Culler announced in court. ?I feel very strongly that these files should be unsealed.?

Johnny Stephenson, one of Brian France?s attorneys, told the Observer: ?We are disappointed by the court of appeals opinion, which we believe to be legally flawed, and we intend to seek immediate review from the N.C. Supreme Court.?

Ray Owens, an attorney for the Observer and its news partner, WCNC-TV, said he is pleased that the appeals court agreed with the positions of his clients.

?Our appellate courts have now twice unanimously ruled that Mr. France must seek justice like the rest of us ? without special consideration or favor,? Owens said. ?Our legal system ? even with its flaws ? desires openness over secrecy and the Court?s decision today only serves to emphasize that principle.?

Brian and Megan France had also sought to have the court hearings closed to the public. But Culler in 2009 ruled that the courtroom proceedings would be open to the public. The appeals court upheld that decision, concluding that Culler had not erred by refusing to close the proceedings.

On Monday, the appeals court panel voted 3-0 to uphold Culler?s ruling unsealing the documents. The appeals court judges said they found no ?abuse in discretion? in Culler?s decision.

The secret documents, however, won?t be unsealed immediately. Brian and Megan France can now appeal.

At a hearing in July 2011, Observer attorney Ray Owens urged Culler to unseal the documents.

?It?s time for openness,? he argued.

But Johnny Stephenson, one of Brian France?s attorneys, argued that then-District Judge Todd Owens? order in 2008 to seal the documents had not been overturned and was still in effect. ?The order is the law of this case,? he told the judge. ?And we have to abide by it.?

Culler, in ordering the documents be unsealed, found that there had been substantial changes in the circumstances surrounding the litigation between Brian and Megan France. One of the changes the judge cited were published reports in the media disclosing details about the Frances? confidential separation agreement. Another occurred when the appeals court upheld Culler?s ruling that the Frances? litigation would take place in open court.

Public disclosure about the Frances? separation agreement, Culler said, warranted unsealing the documents. The judge also pointed out the difficulties of holding hearings in open court about documents that are under seal and issues that are confidential.

?This is simply not how our courts are supposed to run,? Culler said.

The appeals court, in its ruling Monday, cited its decision in 2009 upholding Culler?s order that the Frances? litigation should be played out in open court. That ruling, the appeals court judges wrote, was sufficient alone to warrant a reconsideration of whether Owens? 2008 order sealing the documents in the Frances? litigation was still proper.

The appeals court judges said they found ?no indication of abuse of discretion? in Culler?s findings of fact.

?The findings of fact are supported by the evidence and each reasonably supports the conclusion of law that a change in circumstance has occurred,? the appeals court judges wrote. ?Therefore, we affirm the trial court?s order unsealing the documents.?

Source: http://www.charlotteobserver.com/2012/12/31/3757106/court-unseal-documents-in-nascar.html

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Sandy Hook students, teachers head back to school

NEWTOWN, Conn. (AP) ? Since escaping a gunman's rampage at their elementary school, the 8-year-old Connors triplets have suffered nightmares, jumped at noises and clung to their parents a little more than usual.

Now parents like David Connors are bracing to send their children back to school, nearly three weeks after the shooting rampage at Sandy Hook Elementary School in Newtown. It won't be easy ? for the parents or the children, who heard the gunshots that killed 20 of their classmates and six educators.

"I'm nervous about it," Connors said. "It's unchartered waters for us. I know it's going to be difficult."

Classes are starting Thursday at a repurposed school in the neighboring town of Monroe, where the students' desks have been taken along with backpacks and other belongings that were left behind in the chaos following the shooting on Dec. 14. Families have been coming in to see the new school, and an open house is scheduled for Wednesday.

An army of workers has been getting the school ready, painting, moving furniture and even raising the floors in the bathrooms of the former middle school so the smaller elementary school students can reach the toilets.

Connors, a 40-year-old engineer, felt reassured after recently visiting the new setup at the former Chalk Hill school in Monroe. He said his children were excited to see their backpacks and coats, and that the family was greeted by a police officer at the door and grief counselors in the hallways.

Teachers will try to make it as normal a school day as possible for the children, schools Superintendent Janet Robinson said.

"We want to get back to teaching and learning," she said. "We will obviously take time out from the academics for any conversations that need to take place, and there will be a lot of support there. All in all, we want the kids to reconnect with their friends and classroom teachers, and I think that's going to be the healthiest thing."

Teachers are returning as well, and some have already been working on their classrooms. At some point, all those will be honored, but officials are still working out how and when to do so, Robinson said.

"Everyone was part and parcel of getting as many kids out of there safely as they could," she said. "Almost everybody did something to save kids. One art teacher locked her kids in the kiln room, and I got a message from her on my cellphone saying she wouldn't come out until she saw a police badge."

After the evacuation, teachers grouped their children at a nearby fire station, Robinson said. One sang songs, while others read to the students, she said.

Julian Ford, a clinical psychologist at the University of Connecticut who helped counsel families in the days immediately following the shooting, recommended addressing it as questions come up but otherwise focusing on regular school work.

"Kids just spontaneously make associations and will start talking about something that reminds them of someone, or that reminds them of some of the scary parts of the experience," Ford said. "They don't need a lot of words; they need a few selective words that are thoughtful and sensitive, like, 'We're going to be OK,' and 'We really miss this person, but we'll always be able to think about her or him in ways that are really nice.'"

It will be important for parents and teachers to listen and be observant, Ford said.

"Each of the boys and girls are going to have different reactions to different aspects of the environment, different little things that will be reminders to them," he said.

Parents might have a harder time with fear than children, Ford said.

Before the shooting, a baby sitter would take Connors' children to the bus stop. But Connors said he'll probably take the third-graders to the bus the first few days.

"I think that they need to get back into a normal routine as quickly as possible," Connors said. "If you're hovering over them at all times, it almost intensifies the fear for them."

His children, who escaped unharmed, ask questions about the gunman.

"It's hard for us to say why," Connors said. "That's kind of what we tell them. This person wasn't well, was sick and didn't get the help he needed."

Connors said his children are excited to go back to school but predicted they might be nervous as the first day approaches. He hopes the grief counseling services continue, he said.

"It's going to be a long road back," Connors said. "Back to what I guess is the biggest question. Everyone keeps throwing that word around the new normal. What does the new normal look like? I think everybody kind of has to define that for themselves."

Source: http://news.yahoo.com/sandy-hook-students-teachers-head-back-school-162954873.html

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Breaking: Senate Passes Fiscal Cliff Deal (talking-points-memo)

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babylaoui: Forestwood Featured in Houzz Article | Forestwood ...

Posted by Administrator in News on Dec 30th, 2012 | Comments Off

First of all, if you haven?t heard of the iPhone app called Houzz, you better download it immediately (it?s free!). Houzz is the leading online platform for home remodeling and design, providing people with everything they need to improve their homes from start to finish ? online or from a mobile device. From decorating a room to building a custom home, Houzz connects millions of homeowners, home design enthusiasts and home improvement professionals across the country and around the world. With the largest residential design database in the world and a vibrant community powered by social tools, Houzz is the easiest way for people to get the design inspiration, project advice, product information and professional reviews they need to help turn ideas into reality.

Now onto our featured article?

A complete overhaul gives a 1940s colonial near Dallas an airy, romantic and feminine aesthetic. Craving a cozy retreat where they could raise their girls, Katie and Steve Aldrich chose this stunning home near Dallas. After they gutted the house and fixed up the exterior, Katie infused the interior with her signature simple and feminine style, accenting with family antiques. ?I just want to create a happy environment for our family,? she says. This included an antique mirror from yours truly, Forestwood Antique Mall. Just click the image below for the full article by Kara Weik on Houzz.com.

Source: http://forestwoodmall.com/forestwood-featured-in-houzz-article/

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Source: http://babylaoui.blogspot.com/2012/12/forestwood-featured-in-houzz-article.html

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New Firm Shopping for MHCs | Daily Business News

BizJournals tells MHProNews newly-formed Inspire Communities of Gold River, Calif. intends to be a player on the national MHC scene. Formed when Follett Investment Properties combined forces with American Infrastructure MLP Funds in Foster City, Calif., just south of San Francisco, Matthew Follett, CEO of Inspire says they have already acquired eight MHCs in Michigan, Arizona and Texas. American Infrastructure is a private equity firm and the majority stakeholder in Inspire, which now has $100 million to go shopping for more communities.

(Photo credit: TriStar Estates MHC)

Categories: Business, Communities, Company News, Manufactured Homes, News Item Tags: 100 million, american infrastructure, CEO, follett, foster city, gold river, investment properties, MHC, MHCs, MHProNews, private equity firm, San Francisco, shopping, stakeholder

Source: http://www.mhmarketingsalesmanagement.com/blogs/daily-business-news/new-firm-shopping-for-mhcs/

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Good Morning Texoma here is Your Texoma Community Credit Union Forecast...Today:...

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