The respondent, Calvin F. Dunn, III, appeals an order of the Trial Court (Sadler, J.) finding that he was voluntarily underemployed and establishing his child support obligation based upon his past earnings. See RSA 458-C:2, IV(a) (2004). We vacate and remand... The following facts were found by the trial court and are not contested on appeal. The parties were never married; they are the parents of twin daughters born in 1994. In November 2001, the respondent sustained a self-inflicted gunshot...  

The petitioner, Douglas R. Guy, appeals an order of the Superior Court (Hampsey, J.) upholding the Temple Zoning Board of Adjustment's (ZBA) denial of his application for a junkyard license. See generally RSA 236:110-:129 (1993 & Supp. 2007). We reverse and remand... The trial court found or the record supports the following facts: Guy owns property in Temple, upon which he operates an automotive repair, body work, and junkyard business (the property). A commercial enterprise of the same nature...  

The petitioner, Lawrence J. Dupont, appeals an order of the Superior Court (Smukler, J.) upholding a decision of the respondent, New Hampshire Real Estate Commission (commission), sanctioning him for violating provisions of the New Hampshire Real Estate Practice Act (the Act) in connection with a sales agreement involving a manufactured home. See RSA ch. 331-A (2004 & Supp. 2007). Dupont argues that paragraphs I and VII of RSA 331-A:4 exempt him from the Act's requirements. See RSA 331-A:4, I,...  

The respondent appeals an order recommended by a Marital Master (Nute, M.) and approved by the Superior Court (Fauver, J.) denying his motion for reformation of the certificate of his divorce from the petitioner, Mary Beth Georgakilas. We affirm... The parties divorced in 2006. Their final divorce decree incorporated the terms of their permanent stipulation, which included a parenting plan regarding their then two-year-old son. See RSA 461-A:4 (Supp. 2007). With respect to decision-making...  

The plaintiffs, Howard Joseph Guyotte and Louise A. Guyotte, appeal, and the defendants, Michael O'Neill and Bay Shores Building and Remodeling, LLC, cross-appeal, from a jury verdict in Superior Court (Smukler, J.) in favor of the defendants. We affirm... The record supports the following facts. In 2004, the plaintiffs contracted with the defendants to construct a house in Laconia. The project was financed by a construction loan from Centrix Bank (bank). By the terms of the loan agreement with...  

The defendants, Robert Boynton and Tina LaRochelle (tenants), appeal a decision of the Hooksett District Court (LaPointe, J.) ruling against them in an action by the plaintiff, Liam Hooksett, LLC, for unpaid rent and possession of certain property based upon nonpayment of rent. See RSA 540:13 (2007). We hold that the plaintiff failed to establish that it is the owner or lessor of the property at issue. See RSA 540:12 (2007). We further hold that, because the plaintiff filed an action to recover...  

The petitioners, Preston T. Kelsey, II, Virginia R. Kelsey, Dirk J. Van Leeuwen, Frank Holloway, Ann Holloway, Robert McLaughry and Ann McLaughry, appeal the decision of the Superior Court (Vaughan, J.) upholding the dismissal of their appeal of a zoning permit granted by the respondent, the Town of Hanover (Town), to Jerry and Claire Strochlic. We affirm... I... The following facts were found by the Town of Hanover Zoning Board of Adjustment (ZBA), recited by the superior court, or are...  

The defendants, Charles and Susan Stanton, appeal a judgment of the Superior Court (Vaughan, J.) finding them liable for breach of contract and defamation. The plaintiff, Harold Lassonde, III, doing business as Mountain View Construction, cross-appeals, challenging the amount of damages awarded on his defamation claim, and the trial court's failure to include attorney's fees and interest in his breach of contract award. We affirm in part, vacate in part, and remand... ... ... I... After a bench...  

The defendant, Michael Dansereau, appeals a ruling by the Trial Court (McGuire, J.) denying his motion to vacate his convictions and sentences. We hold that the defendant was unlawfully sentenced to an extended term of imprisonment under RSA 651:6, II(a) (2006) and three years probation under RSA 651:2, V(a) (2006). Accordingly, we vacate his sentence and remand for resentencing... The following relevant facts are undisputed. On March 8, 2006, the defendant, pursuant to an agreement with the...  

The plaintiffs, Scott Ouellette and other Kingston residents, appeal an order of the Superior Court (McHugh, J.) affirming the decision of the Town of Kingston Zoning Board of Adjustment (ZBA) granting approval to the intervenor, Konover Development Corporation (Konover), to construct a supermarket within the town's historic district. We affirm... ... ... The trial court found or the record supports the following. In April 2006, Konover applied to the Town of Kingston Historic District...  

The defendant, John Forbes, was convicted by a jury in Superior Court of one count of aggravated felonious sexual assault. See RSA 632-A:2, II (2007). On appeal, he argues that the Trial Court (Coffey, J.) erred in admitting evidence of his silence as an adoptive admission pursuant to New Hampshire Rule of Evidence 801(d)(2)(B). Because we agree that the trial court unsustainably exercised its discretion by admitting this evidence, we reverse and remand... The following undisputed facts are...  

This is an interlocutory appeal, see Sup. Ct. R. 8, from rulings of the Portsmouth Family Division (DeVries, J.), entered on the recommendation of a Marital Master (Fishman, M.), denying the respondent's motion to dismiss. We affirm and remand... I... The record reveals the following facts. In November 2001, the respondent, J.G., gave birth to a child, A.B., at Wentworth-Douglass Hospital in Dover. The petitioner, J.B., was listed as the child's father on the birth certificate. The parties, who...  

The defendant, Russell Brown, appeals his conviction in Superior Court (McGuire, J.) for conspiracy to sell controlled drugs, see RSA 318-B:2 (2004), :26 (Supp. 2007), arguing that the trial court erred by ruling that his speedy trial right under the Interstate Agreement on Detainers Act (IAD) had not been violated. See RSA ch. 606-A (2001). Because the defendant was not brought to trial within 180 days after the State received his request for final disposition of his charges, see RSA 606-A:1,...  

The petitioner, Harry A. Sleeper, appeals the order of the Superior Court (Smukler, J.) partially granting and partially denying his petition for declaratory judgment. While the trial court ruled that the petitioner had an easement by deed to access Beech Street in Alton for the purpose of using a beach area, it denied his other claims on the ground that they were barred by res judicata. The respondents, The Hoban Family Partnership, John... J. Hoban, Patrick J. Hoban and Diane V. Hoban,...  

The defendant, Nathaniel Gibbs, appeals an order of the Superior Court (Burling, J.) imposing his suspended sentence for violating its condition of good behavior. We affirm... The record supports the following facts. In September 2004, the defendant pled guilty to a misdemeanor count of possession of a controlled drug, and was sentenced to twelve months in the house of correction, all suspended upon the condition that he be of good behavior for two years, with one year of probation. In 2006,...  

The appellant, Century Indemnity Company (CIC), appeals an order of the Superior Court (Conboy, J.) sustaining a referee's ruling denying CIC's asserted setoff of reinsurance claims in the liquidation of The Home Insurance Company (Home). The respondent is Roger A. Sevigny, Commissioner of Insurance of the State of New Hampshire, solely as Liquidator of The Home Insurance Company (the liquidator). We reverse and remand... The following facts are supported by the record. Home is an insurance...  

The plaintiff, Foundation for Seacoast Health (Foundation), appeals decisions of the Superior Court (McHugh, J.) granting the defendants', Hospital Corporation of America (HCA) and its successors and HCA Health Services of New Hampshire, Inc. (HCA-NH), motion for summary judgment and... ... ... motion to dismiss, and denying the Foundation's motion for partial summary judgment. We affirm in part, vacate in part and remand... I. Background... The trial court found or the record supports the...  

The respondent, the Lillian V. Donahue Trust (Trust), appeals the order of the Superior Court (Fitzgerald, J.), granting the petition for specific performance filed by the petitioner, Charles H. Smith. We affirm... The record supports the following facts. The Trust was created in 1991 by Lillian V. Donahue. It was a revocable trust that named Lillian as grantor, beneficiary and trustee. It named her son, Patrick J. Donahue (Donahue), as successor trustee and contingent beneficiary. Under the...  

The plaintiffs, Suzanne Orr and Nelson Bolstridge, appeal an order of the Superior Court (Houran, J.) granting summary judgment to the defendants, David A. Goodwin, Ann Goodwin, Aaron Goodwin and Kylie Goodwin. We affirm... ... ... The parties do not dispute the relevant background facts. In October 2004, the parties executed a sales agreement in which the defendants agreed to purchase real and personal property in Madbury from the plaintiffs for $1,020,000. Upon execution of the agreement, the...  

The petitioners, Ryder Daniels and Gary Morrissette, appeal an order of the Superior Court (Nadeau, J.) upholding the decision of the defendants, Town of Londonderry and the Town of Londonderry Zoning Board of Adjustment (ZBA), allowing the intervenor, Omnipoint Communications, Inc. (Omnipoint), to build a wireless communications tower in an agricultural-residential zone. We affirm... ... ... I. Background... The following facts appear in the record. Omnipoint sought one use and two area...