This article explores the legal background of Chad Gardner, an attorney who has been involved in several notable court cases. These cases span various areas of law, including family law, tribal law, and disputes related to malicious prosecution and legal malpractice.
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Family Law: Child Support Case
One significant case involving Chad Gardner is the divorce proceeding between Chad and Denise Dean. The couple, who married in 2002 and had two children, divorced in 2016. A key issue in the divorce was child support, governed by the Kansas Child Support Guidelines.
Case Details
The evidentiary hearing lasted 10 days, focusing on determining Chad's income for child support purposes. Denise's expert provided what the district court considered the most reliable indication of Chad's income. The court analyzed Chad's income using both the income method and the cash flow method. Under the income method, Chad's income from his four businesses was calculated at $336,672, while the cash flow method, after removing earnings from Denise's real estate sales, resulted in $152,024.
Chad contested the method of deriving his gross income, but the court upheld its approach. The Kansas Child Support Guidelines provide a structured process for calculating child support, starting with gross income and subtracting reasonable business expenses to arrive at the "child support income."
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The court did not deviate from Line D.9, which represents the presumed reasonable child support order. The decision to include or exclude depreciation as income is at the court's discretion, based on the specific circumstances of the case. The court's adherence to these guidelines was central to the appeal.
Chad sought attorney fees, arguing the appeal was frivolous, but this motion was denied. Ultimately, the child support order was vacated, and the case was remanded with instructions.
Key Points from the Kansas Child Support Guidelines
The Kansas Child Support Guidelines offer a structured approach to calculating child support obligations. Here's a breakdown of key aspects:
- Gross Income: The starting point for calculation.
- Reasonable Business Expenses: Subtracted from gross income to determine child support income.
- Child Support Income: The income amount used to calculate the support obligation.
- Line D.9: Represents the presumed reasonable child support order.
- Depreciation: Inclusion or exclusion is at the court's discretion.
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Tribal Law: Guardianship Case
Karen Gardner appealed an order from the Stockbridge-Munsee Tribal Court (SMTC) regarding the guardianship of Elda Dickie, an Indian Elder suffering from dementia. The SMTC appointed Shirley Dickie as Guardian of the Person (health care) and Frances Smith as Guardian of the Estate (finances).
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Case Summary
Elda had previously given Shirley a health care power of attorney and Smith a power of attorney for finances. The court considered these prior designations in its decision. The administrator of Atrium Post-Acute Care, where Elda resided, reported that Shirley visited Elda almost daily, while Smith visited twice per week. Gardner's visits were less frequent.
The appellate court deferred to the trial court's findings, noting that the original hearing body is better positioned to evaluate credibility. While Stockbridge-Munsee Tribal Law is silent on selecting a guardian for those over 18, the court looked to Wisconsin law for guidance. Wisconsin law directs the court to consider the opinions of the proposed ward and family members, and to appoint agents under durable powers of attorney.
Gardner questioned the trial court's decision not to recuse itself, alleging bias against Gardner's lay advocate. While the appellate court found that the judge's impartiality could reasonably be questioned, it concluded that the error was harmless because it did not affect the outcome of the guardianship proceeding. The trial court followed the correct legal standard and found no basis to go against Elda's wishes.
Missouri Court of Appeals: Malicious Prosecution and Legal Malpractice
Paul Vescovo appealed a summary judgment in favor of Chad G. Gardner and The Law Office of Chad G. Gardner, P.C. ("Gardner") and Robert D. Kingsland, Jr. and Dempsey & Kingsland, P.C. ("Kingsland"), and their client, Linda Jepsen ("Jepsen"), on Vescovo's claims of malicious prosecution and abuse of process. Jepsen and Lauren Maberry ("Maberry") each appealed the trial court's entry of judgment on the pleadings in favor of Gardner on their cross-claims for legal malpractice.
The case stemmed from a federal lawsuit filed by Maberry and Jepsen against Vescovo, among others. Vescovo alleged malicious prosecution and abuse of process, claiming he was improperly named in his individual capacity in the federal lawsuit. Jepsen and Maberry, in turn, filed cross-claims against Gardner for legal malpractice, alleging that Gardner pursued the claim against Vescovo without probable cause or failed to advise them on the implications of not appealing the dismissal of the claim against Vescovo.
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The trial court granted summary judgment in favor of Gardner and Kingsland, finding that there was probable cause to file the original Section 1983 claim and that Vescovo failed to establish a lack of probable cause. The court also granted Gardner's motion for judgment on the pleadings on Jepsen's and Maberry's cross-claims.
The Missouri Court of Appeals affirmed the trial court's decision. The appellate court reviews grants of summary judgment and judgments on the pleadings de novo, focusing on whether the moving party is entitled to judgment as a matter of law based on the pleadings and uncontroverted facts.
Vescovo asserted that genuine issues of material fact existed regarding probable cause and malice, essential elements of his malicious prosecution claim. However, the court found no error in the trial court's judgment.
SovCit Emergency and Wild Eviction!
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