FEBRUARY NEWSLETTER

PROVIDENT LAW® WINS $10,000,000 PROVISIONAL REMEDY ORDER

Provident Law® is pleased to announce that attorneys Timothy Watson and Aaron Lumpkin recently won a contested provisional remedy order against two loan guarantors. The case arose out of a personal guarantee on a commercial loan agreement in which the borrower and guarantors failed to make payments on a $10 million loan. After filing a lawsuit, Provident Law® attorneys filed a provisional remedy application that allows a pre-judgment garnishment of assets as security for an anticipated judgment. Based on Provident Law’s filings, the court set an evidentiary hearing at which Senior Litigation Partner Timothy Watson presented evidence and testimony to successfully obtain a provisional remedy order in the amount of $10,649,395. The Provident Law® client may now proceed to garnish or attach assets to seize security for the eventual judgment they anticipate in the case.........Click here to read the full article.

Attorney Sarah Manning joins Provident Law's growing Family Law Practice

Sarah received a Bachelor of Science in Communication Disorders from Florida State University and a Juris Doctor from the Catholic University of America Columbus School of Law in Washington, D.C. At CUA Law, she served as Lead Articles Editor for the Catholic University Law Review and Research and Editorial Assistant for various family law publications by Professor Rev. Raymond O’Brien. Upon graduating, she earned a certificate in Law and Public Policy and was awarded the highest pro bono hours distinction for her graduating class.

Her love for the outdoors called her from her hometown of Pensacola, Florida to the Grand Canyon State, where she served as judicial law clerk at the Arizona Court of Appeals to the Hon. Jennifer M. Perkins, the Hon. Cynthia J. Bailey, and the Hon. Angela K. Paton. She subsequently served as judicial law clerk at the Arizona Supreme Court to the Hon. Clint Bolick. She currently practices family law.

Outside the office, Sarah enjoys hiking, traveling, and spending time with her family. Read more about Sarah here.

Deciding What’s Best for Your Child: How A Parent Awarded Final Say Over an Issue in a Joint Legal Decision-Making Order Can Exercise Tie-Breaking Authority

Sarah Manning, Esq.

In family cases, the court will award legal decision-making to one or both parents—termed “sole” legal decision-making for one and “joint” for both. When the court orders joint legal decision-making, “both parents share decision-making and neither parent’s rights or responsibilities are superior.” A.R.S. § 25-401(2). Stated differently, one parent’s opinion on a child-related matter does not trump the other parent’s. But there’s an exception. The court may award “final” legal decision-making to one parent as to a certain issue. See A.R.S. § 25-401(2). In other words, while both parents exercise joint legal decision-making over their child, one parent has the “superior” decision-making authority over, say, the child’s medical matters. The family court has used different phrases to describe this “superior” decision-making authority, including “final decision-making authority,” “final say,” “presumptive decision-making authority,” and “tie-breaking authority.” Click here for the full article.

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