Cases
Representative Matters: In a 9 day divorce trial, Kirk saved his client, a physician, over a million dollars.
Following an 11 day trial involving custody, child support, alimony, marital property, limited liability companies
numerous other issues, Kirk won a decisive victory for his client on every issue, including a $150,000 attorney fee award.
In a real estate dispute, Kirk was successful in helping a farmer terminate a financially disastrous lease. In 1960, the farmer leased his building for $800 annually in perpetuity to a bank tenant in what was then a very rural area. Forty years later, the area had become highly urban
yet the farmer still was collecting only $800 annually in rent from the bank. Kirk proved to the trial court that the tenant bank had violated the lease when the bank merged with another bank. As a result, he was successful in terminating the lease, thereby forcing the bank to re-rent the building for $40,000 annually under a new lease.
In a 9 day child custody case, the child's mother, who Kirk represented, was awarded sole custody, even though she previously had disappeared for two years with her then 2-year old child by going underground in her effort to protect her child from a potentially abusive father. The child's disappearance was found by the trial judge to have been motivated by the mother's desire to protect her child.
In an adult adoption case involving a multi-million dollar trust, Kirk represented a brother
a sister who, for inheritance purposes, had been adopted as adults by their older, infirm half-brother. The brother
sister were successful in proving that they were the descendants of their half-brother's gr
father who had created a trust many years earlier, even though they were not related by blood to the gr
father. As a result of their adoption, they were deemed their half-brother's children
therefore were descendants of their half-brother's gr
father. This entitled them to receive the trust assets, because their half-brother had no biological children.
In a real estate dispute involving the ownership of a multi-million dollar, 92-acre horse farm, Kirk proved that the neighbor's right of first refusal to purchase the farm had not been triggered (contrary to his assertion) when, for estate planning purposes, Kirk's client transferred the farm to a limited liability company she alone owned. Kirk successfully argued before the trial
appellate courts that the transfer was not to a third party because the farm owner alone owned the company to which she had transferred the farm. As a result, the neighbor was not able to exercise his right to purchase the farm.
In several product liability cases involving injury
/or death caused by fork lift operation, Kirk was successful in recovering more than a million dollars for each of his clients.
In several estate
guardianship controversies, Kirk successfully forced the removal of the personal representatives who had neglected or breached their fiduciary duties. He also successfully recovered damages from the personal representatives for their wrongful conduct.
In a divorce case that was ultimately decided by Maryl
's highest court, Kirk established that his client's $80,000 country club membership was not marital property within the meaning of Maryl
divorce property law
should not have been considered as an asset by the trial judge because the country club membership could not be sold, transferred, or pledged under the club's rules.
In a commercial real estate controversy, Kirk successfully sued on behalf of the seller to force the purchaser of an apartment building to consummate the $9.1 million sale.