- 5 - that the order represents or the subject matter of the litigation. United States v. Jones, 29 F.3d 1549, 1553 (11th Cir. 1994); see United States v. Garland, 991 F.2d 328, 332 (6th Cir. 1993). "The law of any state of the Union, whether depending upon statutes or upon judicial opinions, is a matter of which the courts of the United States are bound to take judicial notice, without plea or proof." Lamar v. Micou, 114 U.S. 218, 223 (1885); see Toney v. Burris, 829 F.2d 622, 626-627 (7th Cir. 1987). In the present cases, we take judicial notice of the court of appeals opinion not for the truth of the facts contained therein, but for establishing that the court of appeals did in fact render such an opinion on the issue of Frances and Gregory Ryan's alimony provisions. It is clearly relevant for that purpose. The court of appeals opinion is therefore admitted into evidence. Gregory Ryan subsequently filed a motion for clarification with the court of appeals, which was dismissed because it was not timely filed. The trial court did not amend the Judgment of Divorce pursuant to the court of appeals opinion. Frances Ryan did not include payments from Gregory Ryan in 1991, 1992, and 1993 as income. Although she did not testify at trial, the record reflects that she treated the court of appeals opinion as having specifically removed the termination upon death provision contained in the original Judgment of Divorce. GregoryPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011