Legal Bill Rising for Conway Corp Over Land Issue

by Mark Friedman  on Monday, Nov. 4, 2013 12:00 am  

Karen Cooper said her 17,620 SF of farmland is worth more than Conway Corp.’s offer of $881. (Photo by Jason Burt)

The next day, Jiles filed paperwork to have Cooper and Dowell’s paychecks garnished.

In March, Cooper and Dowell appealed the order to the state Supreme Court on the grounds that Foster exceeded his jurisdiction and committed “a gross abuse of discretion” when he ordered them to pay attorneys’ fees and blocked them from filing any additional pleadings until the fees and court costs were paid.

On March 14, the high court said it would take the case and halted the circuit court proceedings as well as any attempt to collect the attorney fees while the appeal was pending. But in June, Dowell’s paycheck was garnished and the money was sent to the Millar Jiles firm, according to a state Supreme Court filing.

Associate Justice Karen Baker ruled on Oct. 3 that Foster exceeded his “jurisdiction and committed gross abuse by denying Cooper and Dowell access to the courts.”

Baker found that access to the courts is a constitutional right.

She ordered that Foster’s Jan. 31 order be rescinded, which it was on Oct. 17. That meant the order for the attorneys’ fees was wiped out. Foster didn’t return a call for comment.

On Oct. 4, Jiles asked Foster to again approve an order for the $20,805 in attorneys’ fees in connection with the trial that never occurred in October 2012.

Walker has objected to the fees and has asked for a hearing on the issue. A date hasn’t been set.

 

 

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