This endorsement addresses several motions in a contentious family dispute involving co-owned property and personal belongings.
The parties are sisters and their family members.
The plaintiffs brought motions for a receiver, to strike affidavits, to stay a counterclaim, for leave to file a new affidavit (Martin affidavit), and for interim recovery of personal property (a piano and sheet music).
The court granted the leave motion, finding the new affidavit responsive to a matter raised on cross-examination regarding the admissibility of bail affidavits.
For the recovery motion, the court granted the recovery of sheet music but dismissed the recovery of the piano, finding that the plaintiffs did not meet the high threshold of showing substantial grounds for ownership, as credibility issues were best left for trial.
The parties agreed to continue efforts to sell the co-owned property and the court provided directions for this process.