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07-29-2008, 02:35 AM
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#1
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Mod with the Bod
Champion!
Join Date: Oct 2004
Location: Canada
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Jilted Bride Awarded $150K After Wedding Called Off
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Jilted Bride Awarded $150K After Wedding Called Off
HALL COUNTY, Ga. -- The jury has awarded a Hall County woman $150,000 after she sued her former fiance for calling their wedding off.
RoseMary Shell sued her ex-fiance, Wayne Gibbs, after he broke off their engagement in 2007.
Shell argued her fiance's promise of marital bliss amounted to a binding contract. She said she left a high-paying job in Florida to be with Gibbs and she said she has suffered financial losses since their break-up. She also said she has suffered emotionally.
Gibbs testified that he had taken Shell on trips and paid $30,000 of her debt while they were engaged. He said when he found out she had even more debt, he canceled the wedding by leaving Shell a note in their bathroom.
Closing arguments were heard Wednesday morning and the jury awarded Shell $150,000 by Wednesday afternoon.
"People shouldn't be allowed to do that and hopefully he'll think twice before he does it to someone else," said Shell.
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Do you agree with this or not? I just get this feeling that not only can you get screwed over when you get divorced, now you can get screwed over even BEFORE you get married.
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07-29-2008, 09:02 AM
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#2
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whore
Join Date: Jan 2006
Location: des moines iowa
Posts: 958/0.89
Threads: 53
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Re: Jilted Bride Awarded $150K After Wedding Called Off
What would you call a prenumpt of a prenumpt??? I think $150,000 will be a cheaper loss than staying married with that girl. Whos knows how much he had to pay if they really got a divorce....plus add on child support if they had kids  . I think the guy would have been cool about it if she was honest from the get go about her debt. Still not right to sue him for calling off a marriage.
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07-29-2008, 09:02 AM
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#3
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Scotlands finest SuperMod
Join Date: Nov 2003
Location: Glasgow Scotland Heritage: Scotsman; Pict
Posts: 40,352/21.29
Threads: 2942
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Re: Jilted Bride Awarded $150K After Wedding Called Off
I have a feeling this will be appealed. He will probably counter sue for his $30K. I see her point however, she was sincere about marrying him and did give a few things up, but that's how love works, right? You risk your feelings and so forth. So, if I take a lady out and spend $100 and the date is a bomb, can I sue her for half the cost? I don't think a small claims judge would be kind to me.
It's kind of like buying a house. I can make an offer, get the process started and back out at the last minute. The homeowner thinks they have it sold, then they are back to square one. She has to start over finding a husband, and perhaps she will be the wiser for it. It will be justice if she has to pay him back the $30K. She'd still owe that if it weren't for him.
Also, if I relocate for love, which I did once, I have to find work there. I might not have it as well as I did before. Is a promise of being loved as binding as much as a promise of marriage? So, I can blame her if I don't make money?
Well, let's see the arguments supporting her.
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07-29-2008, 10:49 AM
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#4
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whore
Join Date: May 2004
Location: VA
Posts: 312/0.18
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Re: Jilted Bride Awarded $150K After Wedding Called Off
This could set a horrible legal precident.
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07-29-2008, 03:00 PM
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#5
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whore
Join Date: Jan 2008
Location: Toronto, Canada
Posts: 335/0.92
Threads: 2
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Re: Jilted Bride Awarded $150K After Wedding Called Off
And the jury needs a kick in the nuts for such a ridiculous award.
MAYBE he should pay something... but $150k? No way...
She made a deliberate choice to quit her high-paying job. She didn't have to. Even once they were married she wouldn't have HAD to necessarily.
Her choice, her consequences.
The jury just awarded her $150k because she was stupid.
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07-29-2008, 03:32 PM
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#6
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whore
Join Date: Jan 2006
Location: des moines iowa
Posts: 958/0.89
Threads: 53
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Re: Jilted Bride Awarded $150K After Wedding Called Off
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Originally Posted by michaeljohn
I have a feeling this will be appealed. He will probably counter sue for his $30K.
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If it happens most likely they're going to say that the money was a gift and won't be able to get it back. If there's no written contract saying that she's going to pay him back it's looked at as a gift. Just like child support. If you "hand" the girl money/check even if you say it's for child support, that's sitll considered a gift.
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07-29-2008, 06:28 PM
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#7
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bitch
Join Date: Jan 2007
Location: SC
Posts: 2,435/3.36
Threads: 73
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Re: Jilted Bride Awarded $150K After Wedding Called Off
Possibly, there is more to the court case than supplied in the paragraph or so. What type of job did she leave? What are her chances of gaining similar employment in her new location?
When did he find out about additional debt? What was in his letter he left behind? Did he keep track of his expenses on the wedding?
I guess I just have lots of questions.
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07-29-2008, 06:57 PM
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#8
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whore
Join Date: Jul 2008
Location: Virginia
Posts: 25/0.14
Threads: 1
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Re: Jilted Bride Awarded $150K After Wedding Called Off
So, now an engagement is a binding legal agreement? I see an appeal, and I see him winning no problem. When you're with someone, you're willing to make changes, and SHE chose to quit her job. He didn't force her to do anything.
I'm seriously baffled. They say our divorce rate is abnormally high, yet when people are smart and back out, they still lose.
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07-29-2008, 07:05 PM
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#9
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bitch
Join Date: Jan 2007
Location: SC
Posts: 2,435/3.36
Threads: 73
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Re: Jilted Bride Awarded $150K After Wedding Called Off
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Originally Posted by UrbanHustle
I'm seriously baffled. They say our divorce rate is abnormally high, yet when people are smart and back out, they still lose.
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That's a very good point. Think things through, be selective, and hope you can beat the very high divorce rate.... If this DID lead down a path to where engagements were binding contracts, where would the cases be heard? Family court? Depending upon the cash value, Small Claims? More fodder for the attorneys.
Now, I guess you're damned if you do and damned if you don't.
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07-29-2008, 07:40 PM
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#10
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Defender of the Universe!
Join Date: Aug 2004
Location: Janesville, WI
Posts: 7,703/4.84
Threads: 435
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Re: Jilted Bride Awarded $150K After Wedding Called Off
Just a question.. but why would a jury be in on a civil proceeding?
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07-29-2008, 11:38 PM
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#11
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whore
Join Date: Jan 2008
Location: Toronto, Canada
Posts: 335/0.92
Threads: 2
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Re: Jilted Bride Awarded $150K After Wedding Called Off
That did seem odd to me as well...
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07-31-2008, 09:43 AM
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#12
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Psychic MOD
Join Date: Jul 2004
Location: Everywhere
Posts: 7,157/4.40
Threads: 280
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Re: Jilted Bride Awarded $150K After Wedding Called Off
I wonder if they would have awarded her $150,000 if she didn't tell him she had AIDs instead of a lot of debt. Seems to me that she deliberately hid something major from him, and now he has to pay.
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07-31-2008, 12:52 PM
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#13
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whore
Join Date: May 2008
Location: Omaha NE
Posts: 237/1.06
Threads: 2
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Re: Jilted Bride Awarded $150K After Wedding Called Off
I wonder if the 150K will be enought to cover all her other debt.
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08-02-2008, 06:50 PM
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#14
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how long can I hold out
Join Date: Jan 2004
Location: Columbus
Posts: 3,558/1.96
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Re: Jilted Bride Awarded $150K After Wedding Called Off
regardless of gender something like this should worry you that you can't change your mind about getting married without being sued due to this precedent set. I mean I understand that she quit a job and all but you can't expect for someone to continue in an engagement if you didn't tell them everything about yourself
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08-02-2008, 07:23 PM
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#15
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Where am I?
Join Date: Aug 2005
Location: Carlisle, PA
Posts: 3,046/2.46
Threads: 73
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Re: Jilted Bride Awarded $150K After Wedding Called Off
The seventh amendment provides that "in any civil action" there is a right to a jury. That is why there is a jury. The Supreme Court has not followed this completely textually, as there are exceptions, but in general, you have a right to a jury unless you waive it.
As far as her cause of action, this was not a breach of contract cause of action. It was equitable estoppel (or "promissory estoppel" in some jurisdictions). The elements of equitable estoppel are 1. A promise. 2. Of which the promisee reasonably relies. 3. To his or her detriment. All the plaintiff had to prove in this case was that she reasonably changed her position based on a promise by the defendant. She proved her case, and won. Therefore, I do not agree that this will set a bad precedent. It is merely following existing precedent based on a very established cause of action. If the court had found there was a "contract" that was breached, it would be another story.
edit: By the way, "precedent" is only set by the judge. In this case, the jury was charged with finding the reasonableness of her actions based on the promises that he made. A jury finding does not set precedent.
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