text:
ISABELLE ISABELLE ADDISON MANN OR POVEY v. DR GORDON JOHNSTONE ROBERTSON POVEY AS EXECUTOR NOMINATE OF THE LATE WILLIAM GRAHAM POVEY
OUTER HOUSE, COURT OF SESSION
[2014] CSOH 68
A513/11
OPINION OF LORD DOHERTY
in the cause
ISABELLE ADDISON MANN OR POVEY
Pursuer;
DR GORDON JOHNSTONE ROBERTSON POVEY AS EXECUTOR NOMINATE OF THE LATE WILLIAM GRAHAM POVEY
First Defender;
KEEPER OF THE REGISTERS
Second Defender:
Pursuer: Locke; Gillespie Macandrew LLP
First Defender: Wallace; Drummond Miller LLP
[1] The pursuer is the widow of the late William Grant Povey ("the deceased") who died on 23 July 2009. The first defender is the deceased's son. He is the pursuer's stepson. He is the executor nominate of the deceased.
[2] The pursuer avers that during 2002 and 2003 she and the deceased purchased a plot of land at [the pursuer's current address] and had a house built on the plot. She avers that the price of the plot and the construction costs were contributed to in equal portions by her and the deceased. The sellers disponed the property to the pursuer and the deceased as pro indiviso proprietors. The disposition contained special destinations of survivorship in terms of which the deceased's pro indiviso share was to pass to the pursuer in the event of him predeceasing her, and the pursuer's pro indiviso share was to pass to the deceased in the event of her predeceasing him. The disposition was registered in the Land Register on 2 April 2003. Between 2006 and 2008 the pursuer suffered from illness. On 19 August 2008 she signed a power of attorney appointing the deceased to act on her behalf. She avers that she understood it was to be used only in the event she became unwell again. In 2006 the deceased was diagnosed as having myeloma. By early 2009 he was terminally ill. He was admitted to hospital with pneumonia on 16 March 2009 and he remained in hospital until he died. On 25 April 2009, three months before he died, the deceased executed a disposition of the property in the following terms:
"WE, WILLIAM GRAHAM POVEY and MRS ISABELLE ADDISON POVEY, Spouses ... registered proprietors of the subjects and others hereinafter disponed without consideration being paid hereby revoke the survivorship provisions contained in Disposition by Alex Penman (Builders) in our favour, registered in the Land Register of Scotland on Second April, Two Thousand three DO HEREBY DISPONE to and in favour of us the said William Graham Povey and Mrs Isabelle Addison Povey and to our respective executors and assignees whomsoever heritably and irredeemably ALL and WHOLE the dwellinghouse and others known as and forming [the pursuer's address was stated] and being the subjects registered in the Land Register of Scotland under Title Number [the relevant number was stated] on Second April, Two thousand Three; WITH ENTRY as at the date hereof; and we grant warrandice: IN WITNESS WHEROF these presents are subscribed by the said William Graham Povey ..."
The disposition was then subscribed by the deceased twice, once on his own behalf and once as attorney for the pursuer, both signatures being duly witnessed.
[3] The pursuer avers that at the time of execution of the disposition by Mr Povey as her attorney she had recovered fully from her illness, having been discharged from hospital on 23 September 2008. She avers that between that date and the date of the disposition she signed various documents on her own behalf which the deceased also signed on his own behalf, including a standard security dated 26 January 2009. She avers that at no stage did the deceased or any of the solicitors involved take specific instructions from her as to her wishes in relation to evacuation of the contractual survivorship destinations, and that no stage was her consent obtained to the terms of the 2009 disposition or to the method of execution.
[4] At the date of the deceased's death the disposition of 25 April 2009 had not been registered in the Land Register. The pursuer avers that on 24 July 2009 solicitors purporting to act for her and the deceased submitted the disposition for registration and that they completed question 8 of Registration of Title Form 2 by indicating that no party to the dealing was subject to any incapacity or disability. The disposition was registered in the Land Register on 27 July 2009.
[5] The pursuer seeks declarator that title to the deceased's one-half pro indiviso share passed to her on his death by operation of the survivorship special destination; that she is entitled to be entered as sole proprietor of the subjects in the Land Register; and that the existing entry in the Register is inaccurate and requires deletion. She also seeks reduction of the 2009 disposition and an order ordaining the second defender to rectify the inaccuracy in the Register.
[6] The action is defended by the first defender. In the defences he admits that the deceased had not discussed the evacuation of the survivorship destination with the pursuer, and that at no stage were specific instructions obtained from her as to her wishes. He makes the following further averments:
"6. .... Explained and averred that W & A S Bruce were entitled to process the registration of the Disposition on 24th July 2009. Notwithstanding the date of execution of the Disposition, the executed Disposition together with instructions for its registration were not received by Mr Bruce until shortly before the death of Mr Povey. The Disposition together with Form 2 was sent to the Registers of Scotland on 24th July 2009 following the instructions of Mr Povey. At the time of submitting the Form 2 for registration the firm of W & A S Bruce were unaware of Mr Povey's death... even if Mr Povey was not entitled to execute the Disposition and instruct registration on behalf of the pursuer (which is denied) he was entitled to execute the Disposition as regards his own one-half pro indiviso share. In the absence of registration, execution of the Disposition by Mr Povey on his own behalf was sufficient to effect inter vivos evacuation of the survivorship destination over Mr Povey's one-half pro indiviso share.
8. ... As hereinbefore condescended upon, W & A S Bruce were entitled to complete the registration process following the instructions of Mr Povey. Registration of the Disposition was the final part of a single transaction in which W & A S Bruce were instructed in the performance thereof."
[7] The matter came before me for a procedure roll hearing. Each party had stated a preliminary plea to the relevancy of the other's averments.
The first defender's submissions
[8] Mr Wallace submitted that the pursuer's averments were irrelevant and that the action should be dismissed. He further submitted that the defences were relevant and ought not to be repelled.
[9] His principal submission was that while automatic infeftment had been well recognised under the feudal system of land ownership, it no longer had any place in the system of land registration which had been introduced by the Land Registration (Scotland) Act 1979. He was unable to direct me to any authority or textbook which supported his proposition, but he sought to derive some assistance from The Registration of Title Practice Book, paragraphs 2.12 and 6.17:
"What is registrable?
2.12 Section 2(4)(c) allows a much wider range of deeds and documents to be registered in the Land Register than can be registered in the Sasine Register. Any deed giving effect to a transaction or event capable of affecting a registered interest in land can be presented for registration in the Land Register .... Moreover, an event may be registrable where there is no transaction or deed at all. Examples include ... notification of the death of a co-proprietor holding under a survivorship destination. In the latter case the Keeper will register the change in title on production of the land certificate, the death certificate and evidence by way of an affidavit that the destination has not been evacuated...
6.17 In terms of rule 5(d) [of the Land Registration (Scotland) Rules 2006] the Keeper shall disclose in the proprietorship section of the title sheet 'the destination, if any, to which the interest in land is subject'... [A] special destination will be entered in the proprietorship section of the title sheet as it regulates and determines the proprietor's right and title to the registered interest...
It is common when a couple buy a house in joint names for the title to be taken 'to A and B equally between them and to the survivor of them'. Such a destination gives each party a half pro indiviso share in the property. If one dies before the other without evacuating the special destination by inter vivos or, where competent, mortis causa deed then that person's half pro indiviso share falls to the other automatically. In that event the Keeper will not issue a fully indemnified title to the survivor, or a person deriving title from the survivor, unless he is satisfied that the destination has not been evacuated. In these circumstances the Keeper will require to examine the death certificate, and evidence that the destination has not been evacuated. Documentary evidence of this latter nature is not easy to produce. For instance, even if a testamentary writing which does not evacuate the destination is produced, that in itself is not conclusive evidence that there is no other writing, testamentary or inter vivos, which does evacuate the destination ..."
Mr Wallace suggested that these passages backed his contention that there was no automatic completion of title under a special destination. He argued that on the death of the institute the substitute obtained only a personal right which was not made real until the Keeper registered the change in title. That had not been done. The 2009 disposition had been registered first. At the time of registration the deceased's solicitors had been unaware of his death. In any event their mandate to register it continued after his death because, in order to minimise loss, a mandatary may complete work instructed before the mandant's death: Stair Memorial Encyclopaedia, Reissue, Agency and Mandate, para 188.
[10] Mr Wallace's next submission was that a special destination could be evacuated inter vivos by a simple declaration to that effect. Here, even if there had been no effective alienation before the deceased's death, the 2009 disposition had nonetheless been an effective inter vivos evacuation by the deceased of the special destination affecting his pro indiviso share.
[11] Mr Wallace recognised that his submissions flew in the face of observations made in Fleming's Trustee v Fleming 2000 SC 206. He accepted that if those observations were correct the pursuer's averments were relevant, the defences were irrelevant, and that decree de plano would be appropriate. He submitted that the observations were obiter dicta and ought not to be followed. Rather, I should hold that the law was as stated in his submissions.
[12] If his submissions were correct the pursuer's averments anent the deceased having lacked authority/having acted in bad faith/ having been auctor in rem suam (which were denied) were irrelevant because they would not, per se, entitle the pursuer to reduction of the disposition. The appropriate remedy would be partial reduction (McLeod v Cedar Holdings Ltd 1989 SLT 620). Reduction of the disposition of the pursuer's pro indiviso share would suffice to place her in the position in which she would have been but for the suggested unlawful act. There should be no reduction of the deceased's disposition of his pro indiviso share to himself. The better view was that it was an effective conveyance, notwithstanding the observations in Board of Management of Aberdeen College v Youngson 2005 1 SC 335 at para 12: cf. Gordon and Wortley, Scottish Land Law (3rd ed), p.448 note 53; Gretton and Reid, Conveyancing (4th ed), pp.420-421, para 26-20.
The pursuer's submissions
[13] Miss Locke submitted that the pursuer's averments were relevant and that the defences were irrelevant. The defences should be repelled and decree de plano should be pronounced in terms of the first, second and sixth conclusions.
[14] It was common ground that a special destination of survivorship could be defeated by inter vivos alienation, but there had not been such alienation here. Even if, contrary to the pursuer's averments, the deceased had had authority to sign the disposition on the pursuer's behalf and had acted in good faith and had not been auctor in rem suam, the disposition had not been registered before the deceased's death. The special destination had been on the register and at the moment of death it had operated automatically so as to invest the pursuer with title to the deceased's one-half pro indiviso share (Fleming Trustee v Fleming, supra, per Lord Sutherland at p.209E-210B and Lord Caplan at p.215H-216D, 216G; Gretton and Reid, supra, pp.420-421, para 26-20). Under registration of title there was automatic completion of title, just as under feudal infeftment with registration in the Register of Sasines there was automatic infeftment (Fleming Trustee v Fleming, supra; Gretton and Reid, supra, p.416, para 26-09). Thus the subsequent registration of the 2009 disposition did not defeat the pursuer's title. Moreover, any authority (from the deceased qua individual and qua attorney) which the deceased's solicitors had had to register it fell with the deceased's death. Nothing they did after his death could affect the operation of the special destination.
[15] The special destination affecting the deceased's pro indiviso share was not evacuated by a mere declaration by the deceased that he no longer considered himself bound by it. That was plain from the authorities, including the discussion in Fleming's Trustee.
[16] The contention that even if the deceased had no authority to grant the 2009 disposition it operated as a disposition of his one-half pro indiviso share was unsound. It was not possible to sever the disposition in that way. It bore to be a disposition of the whole property to the pursuer and the deceased with a renunciation by each party of his/her contingent right to succeed to the other party's pro indiviso share. That was a very different proposition from a disposition by the deceased of his share to himself. Further, such a disposition would not be a valid conveyance because the deceased would not have been divesting himself of anything (Board of Management of Aberdeen College v Youngson supra at para 12). Even if the disposition did fall to be treated as being a disposition of the deceased's pro indiviso share to himself, in the absence of registration of the disposition before the deceased's death the destination was effective.
Discussion and decision
[17] I am in very substantial agreement with the pursuer's submissions. In my opinion the first defender's submissions are not well founded.
[18] Mr Wallace was unable to furnish any authority or textbook which supported his submission that, with a registered title, the substitute in a survivorship special destination does not automatically complete title on the death of the institute. The passages in the Registration of Title Practice Book on which he relied do not support his proposition. On the contrary, properly read they are inconsistent with it. More importantly, both his submissions are irreconcilable with the observations in Fleming's Trustee v Fleming, supra:
"I accept that a testamentary deed may revoke a special destination and also that such a deed will be unrecorded. In my view, however, it does not in the least follow that any unrecorded deed may have the same effect. Because of the special and privileged nature of special destinations in feudal law it is, in my opinion, to feudal law that one must look to see whether such a destination has been revoked. We are not here concerned with the question as to who has the beneficial ownership of the property, the sort of problem which arose in Sharp v Thomson. Ex facie of the register the substitute has an automatic right to become infeft in the property on the death of the institute unless some step has been taken by the institute to revoke that destination, and in my opinion any such revocation in order to be effective should be on the register. The position of the unrecorded will is, in my view, a special one and arises only because a special destination is testamentary in effect and therefore faces competition from a true testamentary deed. In relation to that competition the later will must supplant the earlier special destination. Looking to proper feudal principles, however, I am of the view that in the absence of competent mortis causa revocation the special destination must take effect unless there is some properly recorded inter vivos revocation. As counsel for the defender pointed out, there is no reason in principle why a trustee should be in a better position relying on his act and warrant than would be the holder of an unrecorded disposition." (per Lord Sutherland at p.209E-H (with whom Lord Allanbridge agreed at p.218D), emphasis added).
The permanent trustee in the sequestration of the late Mr Thomas Fleming (who is the pursuer in the case and the respondent in the appeal) seeks to establish in a question with Mr Fleming's widow a right to recover (or at least recover the value of) the deceased's half share of the house at 24 Dochart Avenue, Coatbridge. This house, which was the home of Mr and Mrs Fleming, was owned jointly by them with survivorship rights in favour of each created by special destinations in the disposition which constituted their title. This disposition had been registered in the Land Register of Scotland on 20 July 1987. The permanent trustee's main claim is that right to the deceased's half share of the house vested in him by virtue of the act and warrant pronounced in his favour following upon the sequestration of Mr Fleming on 11 July 1990. Mr Fleming died in January 1995 ...
In answer to the pursuer's claim the defender's counsel had contended that since the defender had a registered title she had acquired a real right to the disputed half share on the date when the deceased had died. It was accepted that Mr and Mrs Fleming had bound themselves not to defeat each other's right under the special destination by way of mortis causa deed but it was also accepted that each institute had the right to evacuate the special destination by inter vivos deed. However, it was contended that since the special destination in the defender's favour had been converted into an effectual registered right by the death of Mr Fleming, the deceased could only have prevented the passage of full title to Mrs Fleming if he had before his death granted a disposition which had been registered prior to the completion of the defender's infeftment ...
[T]he appellant did not dispute the authority of Steele v Caldwell and Smith v MacKintosh , which are to the effect that a special destination such as is the subject of this case can be evacuated by inter vivos deed. Indeed, the original disponees retain full enjoyment of their portion of the estate, and for example, the creditors of each can adjudicate in respect of each portion to secure payment of their debts. I find nothing curious about the fact that joint owners may want to regulate testamentary succession without intending to curtail freedom to alienate the property inter vivos. Special destinations of the kind we are considering are commonly found in family situations. A spouse may separate and want to sell his or her share; but if the parties retain the property until death, which would normally happen if they were cohabiting in the property then each, if surviving, will have the right to inherit. The general incidents of this kind of arrangement are well recognised. What is not specifically established, perhaps somewhat surprisingly, is what degree of inter vivos alienation is required before a special destination contained in a deed upon which infeftment has been taken can be said to be evacuated.
The respondent claims that upon sequestration the heritage passes to the permanent trustee so that the special destination is evacuated. However, it is difficult to see why this should be so in confrontation with a registered special destination ... In a case such as the present, where evacuation cannot take place by way of testamentary deed, the special destination is effectively a disposition of the institute's half share to the substitute, with conditions precedent, that it will only become effective on the survivorship of the substitute. Thus although the special destination is not a testamentary deed, it will only become operative on the death of the institute ... In Sharp v Thomson (in the Inner House) the Lord President gave an exhaustive and learned analysis of the distinction between real and personal property. A real right is a right which attaches to the property and is apt to be valid against the whole world. On the other hand a personal right is an aspect of the law of inter-personal obligations and its effect does not extend beyond the persons affected by it. These rights cannot be fragmented. There is no intermediate right between a real right and a personal right. In the House of Lords the Inner House was overturned on a speciality relating to the legislation governing floating charges but the Lord President's analysis of the general rights affecting property was not attacked. The effect of Sharp was to reinforce the traditional approach of Scots law that registration in the public records is the key to the creation and ranking of real rights in Scotland.
When a special destination, such as we have here, is found in a registered disposition and creates a conditional institution in the substitute dependent only on estate remaining with the original institute and on survivorship, then immediately that survivorship results, in the absence of prior evacuation of the estate, the survivor without taking any further step becomes fully infeft in the share of the deceased (McDonald, Conveyancing Manual (6th ed), para 31.17). At first sight it would seem odd if the survivor's apparent right to infeftment might be defeated by an unregistered disposition which happened to be floating about perhaps unknown to the survivor. The logical rule, consistent with conveyancing practice, is that the survivor's title could only be defeated by a competing title registered prior in date. Such a rule preserves the efficacy of the public records. It is agreed by parties that the institute has a right to evacuate the special destination inter vivos. Now if, as it has sometimes been put, the institute can 'do what he likes' with his own share then, if the matter can be as widely put as that, it would be possible for him to remove the special destination by a simple written declaration of his intention to deprive the substitute. However, it has never been suggested in the authorities that a special destination could be evacuated in this way. What has often been judicially declared is that the institute is free to make use of his share by disposing of it or disponing it inter vivos . The concept therefore is that the institute can defeat the special destination by getting rid of the property to his advantage or even gratuitously. This would be consistent with the expression used in relation to the matter which is 'evacuation'. The primary meaning of this term is 'to empty of contents'. An institute evacuates the special destination by releasing it from his estate but this can only be done effectively if the disponee completes his claim to it. It would be inconsistent with principle if the disponee from the institute could defeat the substitute survivor's right to infeftment by producing an unregistered deed when faced by a competing infeftment. The authorities are peppered with references to the institute 'evacuating' the special destination. This might suggest that some act on the part of the institute alone completes the evacuation of the special destination. However, I think the language is used in a broad sense. The institute can do no more than grant a disposition. The act of registering the disponee's title lies with the disponee, but, of course, the process of alienation is initiated by the disposition of the institute. Once the institute has done all he requires to do, it is for the disponee to protect his own title. In the situation we are considering the institute is dead so it is not unrealistic to look at the competition as being between the substitute and the institute's disponee. It is for the latter to convert his right into a full right to protect it....
The solicitor-advocate for the pursuer and respondent emphasised that certain special destinations can be defeated by testamentary deed. This, it was contended, indicates that in general special destinations can be defeated by something less than a registered deed. However, the fact is that special destinations are sometimes of a category that can be defeated by a testamentary deed of the institute. The capacity of the institute to evacuate the destination by such a deed is particular to destinations with no contrary contractual restriction on mortis causa evacuation. Where the destination intrinsically permits the institute to evacuate by mortis causa deed then clearly it is the incidence of such a deed which determines if the destination has been evacuated. The efficacy of a mortis causa deed, where there is competition between such deeds, does not depend on the date of registration but rather the date of execution and it is not the earlier deed but the later deed which prevails. Where evacuation by mortis causa deed is inapplicable, it is the competition between disponees which prevails, and in that situation the date of registration of a disposition is the critical factor." (per Lord Caplan at pp.213D-216G, emphasis added).
[19] Strictly speaking these observations were obiter, because what was in issue was the effect of an unregistered act and warrant on the registered special destination. Nonetheless, there was very full consideration of the effect of an unrecorded disposition by an institute, in a case where the title to the subjects in question had been registered in the Land Register. Lord Caplan also expressly dismissed the contention that a special destination could be evacuated by a simple written declaration by the institute of his intention to deprive the substitute (p.215H‑I). Such a dismissal is also implicit in Lord Sutherland's Opinion (with which Lord Allanbridge agreed): in his view any inter vivos revocation required to be "properly recorded" to be effective (p.209H). Accordingly, while the observations do not bind me, I regard them as being very highly persuasive. They appear to me to be in accordance with principle and authority. Nothing which Mr Wallace has said causes me to doubt them.
[20] The argument that the principle of automatic completion of title only applies to special destinations which have been registered in the Register of Sasines lacks substance. The Land Registration (Scotland) Act 1979 provided for a new system of registration in the Land Register, but other than, in effect, stripping out the feudal element, the rules relating to the creation of real rights of ownership remain essentially the same (Burnett's Trustee v Grainger 2004 SC (HL) 19, per Lord Hope at para 14). The court in Fleming's Trustee was well aware that the title to the subjects in question had been registered in the Land Register. That was the context in which the members of the court made their observations.
[21] It is erroneous to suggest that on an institute's death a substitute acquires only a personal right to the institute's property, and that his right does not become real until the Keeper alters the entry in the title sheet. That analysis ignores the fact that title to the subjects, including the special destination by the institute to the substitute, is registered in the Land Register before the institute's death (see eg Gordon and Wortley, supra, para 121). On the institute's death the substitute's contingent right becomes a real right, by virtue of the special destination. His completion of title is automatic. It is not dependent upon the Keeper altering the title sheet to reflect the change. The substitute may well wish to do that with a view to having his name entered on the title sheet as proprietor (and not merely as substitute to the institute) and to having the Keeper indemnify that title; but completion of his title occurs automatically on the institute's death.
[22] An inter vivos alienation defeats a special destination of survivorship because at the time of death the property is no longer owned by the institute (Fleming's Trustee, supra, per Lord Caplan at pp.215I-216B; Gretton and Reid, supra, para 26-20). Where, however, the institute has disponed the property to a disponee but the disponee has not completed title, the institute remains the owner. The disponee's rights to the property are personal, not real (Sharp v Thomson 1995 SC 455 per Lord President Hope at pp.461G-475E; Burnett's Trustee v Grainger supra, per Lord Hope at paras 12-19, Lord Rodger at paras 87-105).
[23] It follows that Mr Wallace's propositions appear to be inconsistent with principle; at odds with Fleming's Trustee; and unsupported by any authority. No support for them is to be found in the leading textbooks or other commentaries - quite the reverse: see Gretton and Reid, supra, paras 26-09, 26-10, 26-20; Reid and Gretton, 1999 Conveyancing, pp.64-66; Halliday, Conveyancing Law and Practice (2nd ed), p.1035, para 22-25; Brand, Steven and Wortley, Professor McDonald's Conveyancing Manual (7th ed), para 30.13; Gordon and Wortley, supra, para 121). Mr Wallace accepted that unless the observations in Fleming's Trustee are unsound the pursuer must succeed. In my opinion, for the reasons set out above, those observations are an accurate statement of the law. It follows that decree de plano should be pronounced in favour of the pursuer.
[24] I make the following further observations. (i) If the special destination was to be evacuated it required to be done before the deceased's death, otherwise at the moment of death the pursuer obtained a real right to the deceased's half share. It was not evacuated before his death, and no purported attempt to complete the requirements of evacuation after his death could change that. When the deceased's solicitors presented the disposition for registration the deceased's estate no longer had title to a share of the property. Registration of the disposition could not confer title on his estate. (ii) I agree with the view expressed in Gretton and Reid, supra, paras 26-13 and 26-19, that the benefit of a special destination may be renounced or discharged by the substitute (see also Reid and Gretton, "Washing out the destination: General Principles", Conveyancing 2005, p.74 at p.76). If this is done in a deed which is registered in the Land Register there is no doubt that the special destination will have been evacuated by the substitute's renunciation. In the present case if the 2009 disposition had in fact been granted by the pursuer and the deceased and had been registered in the Land Register it would have been effective to evacuate the special destination, notwithstanding that the disponers and the disponees were the same persons (cf. Board of Management of Aberdeen College v Youngson, supra, para 12). By granting the conveyance and having it registered the substitute in the special destination of each pro indiviso share would have renounced the destination. To put matters another way, all the parties having right would have joined together in altering the terms of the title (Gretton and Reid, supra, para 26-20; Reid and Gretton, Conveyancing 2005, supra, pp.77-78; Gordon and Wortley, supra, para 15-15, note 53). However, the disposition here was not registered, and it formed no part of Mr Wallace's argument that I should treat the unregistered disposition as being an effective renunciation by each of the pursuer and the deceased of the destination to him or her. The dicta in Fleming's Trustee suggest that an unregistered renunciation by a substitute would not be effective to evacuate a survivorship special destination: but that particular matter does not appear to have been addressed specifically in the arguments of counsel or in the opinions which were delivered. I prefer to reserve my opinion on it.
[25] That brings me to Mr Wallace's submission that, even if when executing the disposition on behalf of the pursuer the deceased had had no authority or had acted in bad faith or had been auctor in rem suam, the disposition would still have been an effective conveyance of his one-half pro indiviso share; and that in those circumstances the appropriate remedy would have been partial reduction of the disposition (so as to leave standing a disposition of the deceased's half share). I would not have accepted that submission. Firstly, a disposition by the deceased to himself of his half share would have been no conveyance at all (Board of Management of Aberdeen College v Youngson, supra, para 12). Unlike the scenario already discussed (where the pursuer and the deceased were disponers), the "rump" disposition would not have contained a renunciation by the substitute (the pursuer) of the destination in her favour; nor would all the parties have joined together in altering the terms of the title. Secondly, and in any event, I am clear that partial reduction would not have been an appropriate or adequate remedy for the pursuer (McLeod v Cedar Holdings Ltd, supra, per Lord Justice Clerk Ross at pp.623B-624F, per Lord McDonald at p.624J-K). It would not have returned her to the position in which she would have been but for the suggested unlawful act. The disposition bore to be a disposition of the whole property to the pursuer and the deceased in common, with a renunciation by each party of his/her contingent right to succeed to the other party's pro indiviso share. That is a very different proposition from a disposition by the deceased of his half share to himself with a purported "revocation" of the pursuer's right as substitute in the destination affecting the deceased's half share.
[26] I shall sustain the pursuer's first and second pleas-in-law, repel the defender's first plea-in-law, and pronounce decree de plano in terms of the first, second and sixth conclusions of the summons. I shall reserve all questions of expenses meantime.


text:
Why Quentin Tarantino prefers 'Star Trek' to 'Star Wars'
Director Quentin Tarantino poses for a picture as he takes part in a photo call for his movie "Once Upon a Time in Hollywood" in Beverly Hills, California, U.S. July 11, 2019. REUTERS/Mike Blake
The cast and crew of Once Upon A Time In Hollywood are going all out to start a war of words with Star Wars.
That's because, following on from Margot Robbie's revelation that she has never seen a Star Wars film, and has no plans to do so, too, its director Quentin Tarantino has opened up about why he is so interested in directing a Star Trek film, and in the process explained why he prefers the franchise to Star Wars.
In fact, there's just one reason why Tarantino prefers Star Trek to Star Wars. William Shatner.
Read More: Why Margot Robbie has no plans to ever watch any 'Star Wars' films
"I'm a big fan of the show Star Trek. I really like it a lot, but my portal into that show is William Shatner. I love William Shatner on Star Trek. I love his performance as James T. Kirk. That is my connection. That is my umbilical cord. It's why I like Star Trek more than Star Wars, because William Shatner's not in Star Wars."
U.S. actor William Shatner waves as he leaves a photocall for directors Karey Kirkpatrick and Tim Johnson's out of competition animated film 'Over the Hedge' at the 59th Cannes Film Festival May 21, 2006. REUTERS/John Schults
Tarantino didn't just stop there with his praise for William Shatner, as the Reservoir Dogs, Pulp Fiction and The Hateful Eight filmmaker continued to wax lyrical to Deadline about the actor, and even revealed his favorite Star Trek performance by him.
Read More: Quentin Tarantino says his 'Star Trek' movie would be 'Pulp Fiction in space'
"I think it's one of the greatest performances in the history of episodic television, of a series lead, and rightly so, because very few series leads have ever gotten the opportunity to play all the different wild, crazy things. The Enemy Within alone."
We'll get to see whether Brad Pitt or Leonardo DiCaprio can match Shatner's efforts in the above when Once Upon A Time In Hollywood is released on August 14.
'Parasite's' Bong Joon-Ho doesn't expect to land a Marvel movie, but enjoys them nonetheless
John Krasinski teases possibility of 'A Quiet Place 3'
Johnny Marr working on James Bond 'No Time To Die' score with Hans Zimmer
Mad Max: Fury Road tops list of 100 best films of the century

redpajama_set_name: RedPajamaCommonCrawl


UF quarterback Feleipe Franks struggled during the Gators' 38-17 loss Saturday to Missouri, leading to the redshirt sophomore's benching during the second half.
The Florida Gators suffered a frustrating 38-17 home loss to the Missouri Tigers Saturday. Check out the top three things we learned from the game.
1. Quarterback Feleipe Franks is not yet finished yet. Or is he?
The Kyle Trask era has not officially begun.
If Franks does not rebound from Saturday's miserable outing and subsequent benching, Trask could be the Gators' starter as early as next Saturday when South Carolina visits the Swamp.
Coach Dan Mullen said he will decide on his quarterback this week at practice, insisting he has not given up on Franks.
Most Florida fans have made their decision based on the boos showered upon the redshirt sophomore followed by Trask's glowing reception when he replaced Franks during the third quarter against Missouri.
Trask immediately breathed life into the Gators' catatonic attack, leading it to a touchdown. With each completion, he ignited a somber crowd at the Swamp. Trask, a redshirt sophomore, had never thrown a pass during a college game, but he did not look like it.
Trask showed poise and accuracy sorely lacking from Franks, who finished 9-of-22 passing for 84 yards. Facing fourth-and-goal at the 8-yard line, Trask sensed a blitz coming from the right side and quickly got rid of the ball to Josh Hammond for a touchdown.
Trask's impact was short-lived. The Gators' offense did not score again.
Trask did show enough positives to earn himself serious consideration to take over under center. He finished 10-of-18 passing for 126 yards.
Meanwhile, Franks has gone 22-of-43 for 189 yards the past two games for an average of just 4.4 yards per attempt. Franks now has been benched four times during the past two seasons. Two of the previous three times, he lost his job the next game.
Whether next week will be the third time remains to be seen.
2. Dan Mullen is not giving up. The Gators had better follow his lead.
UF lost a shot at the SEC title with a loss to Georgia. The Gators' hopes for a 10-win regular season and New Year's Six bowl game ended against Missouri.
Mullen said his team still has plenty at stake during the coming weeks. Win totals and bowl bids aside, Mullen challenged his players as competitors following a one-sided loss during which the Gators did not show up.
If that is not enough motivation, Mullen boiled it down to each individual player's level of pride and competitive fire. The 46-year-old Mullen himself said he would take on all-comers in anything from thumb-wrestling to running stadium stairs to football.
Mullen said he would be disappointed if his Gators are not on the same page.
3. Todd Grantham's defense has been downright offensive.
Forget the struggles of the Gators' sluggish attack, Florida is not doing anything right on the other side of the football, either.
"We have to play a lot better defense," Mullen said.
• The Gators are not pressuring the quarterback, a recipe for disaster Saturday against Missouri's Drew Lock. The projected first-round draft pick finished 24-of-32 passing (75 percent completion percentage) for 250 yards and three scores, tripling his season output in SEC play.
• The Gators are not forcing turnovers. With 17 takeaways after six games, UF was among the nation's leaders. Opponents have committed one turnover during the past three games.
• Explosive plays have been an issue all season, but lately it has been epidemic. The Gators have allowed 13 plays of 20 yards or longer the past two weeks, including seven against Missouri.
Put it together and it's little surprise the Gators have given up 900 yards during a pair of lopsided defeats.


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Tag Archives: The Nebraska Medical Center
December 10, 2015 by Ryan Borchers
Caring for a loved one with Alzheimer's disease can be both physically and emotionally demanding. "As the disease progresses, the amount of care the Alzheimer's patient requires rises dramatically, as does the toll it takes on the caregiver," notes Daniel Murman, M.D., neurologist at The Nebraska Medical Center.
While there are things you can do to better prepare yourself for the caregiver role, the thing to remember is that Alzheimer's progresses differently in each person, as do the caregiver circumstances and ability to cope with the disease.
"I remember noticing changes in my wife for about a year but I couldn't put my finger on it," says Allan Schur, husband of Sharon Schur, who was diagnosed with Alzheimer's in 2005 when she was just 54 years old. "It took my daughter, who hadn't seen her for almost a year, to step in and tell me that she needed to be seen by a doctor."
The most difficult part about being a caregiver is dealing with and managing guilt, notes Schur. "No matter how much you try, no matter how much you do, you cannot change the course of what is always a terminal disease," he says. "There are no 'survivor's walks' for Alzheimer's."
Schur also recommends starting each day as a new day and not dwelling on the past or thinking about what might have been. "The most important day in the life of a caregiver is today," he says.
While it may sound contradictory, Schur says it is also important to be proactive. "Early in the disease you have to teach your loved one new tricks before they need to use them and while they have the capability to learn." For example, there are phones where you can insert pictures of a child, friend or caregiver on large buttons so the user can press the picture of the person he or she wants to dial. "By the time I realized my wife needed this type of phone, it was too late to teach her how to use it," says Schur.
Schur adds other tips. "Early in the disease, note the places you like to go and which ones have family restrooms. This will help you later when your loved one may need assistance."
Participation in a support group is vital. "You can learn from the successes and failures of other caregivers," says Schur. "You will be reminded that others are walking down a similar path and learn new coping mechanisms. You will see that you are not alone and that's a pretty big deal some days."
And lastly, be proactive about their care, stresses Shur. "I reached a point where I realized that if I continued with this 24/7 job, my loved one would outlive me. Tour facilities while you can and well before you need to place your loved one in a long-term facility."
"Alzheimer's is a long and emotional process, and caregivers should not feel guilty about seeking outside resources to assist them whenever possible," says Dr. Murman. He suggests using resources such as the Alzheimer's Association and the local Agency on Aging.
Visit the Alzheimer's Association at alz.org to learn more.
Posted in: 60 Plus in Omaha, Health, News, Publications
Topics: Agency on Aging, Allan Schur, Alzheimer's, Alzheimer's Association, Daniel Murman, M.D, Omaha, Sharon Schur, The Nebraska Medical Center
CPR Essentials
December 12, 2014 by Susan Meyers
According to the American Heart Association (AHA), for every minute a cardiac arrest victim goes without life-saving CPR and defibrillation, the chances of survival decreases 7 to 10 percent. Learning the basics of CPR is especially vital for seniors.
The statistics are frightening: About 92 percent of sudden cardiac arrest victims die before reaching the hospital. "But if more people knew CPR, more lives could be saved," says Jennifer Redmond, executive director of the AHA. "Immediate CPR can double, or even triple, a victim's chance of survival. What most people don't realize, is that almost 80 percent of cardiac arrests occur at home. So most likely, the life you save will be that of a loved one."
Several years ago, the AHA issued guidelines for hands-only CPR, hoping that this would encourage the use of CPR among bystanders.
"Hands-Only CPR is recommended for use by people who see a teen or adult suddenly collapse in an "out-of-hospital" setting such as at home, at work, or in a park," explains Redmond. "In a national survey, Americans who had not been trained in CPR within the past five years said they would be more likely to perform hands-only CPR than conventional CPR on a teen or adult who collapses suddenly."
However, there are times when conventional CPR with rescue breathing may provide more benefit than hands-only CPR. The AHA recommends CPR with a combination of breaths and compressions for all infants up to age 1; children up to puberty; anyone found already unconscious and not breathing normally; any victims of drowning, drug overdose, collapse due to breathing problems, or prolonged cardiac arrest.
To administer chest compressions correctly, place the heel of your hand in the middle of the chest on the breastbone between the nipples. Put your other hand on top of the first with your fingers interlaced. Compress the chest at least two inches at a rate of 100 compressions per minute.
Haysam Akkad, MD, an interventional cardiologist at The Nebraska Medical Center, stresses the use of hard, fast chest compressions, which keeps the blood circulating to vital organs. "You want to see the chest wall moving up and down," he says. He also recommends that you always start CPR immediately and then call for help. Chest compressions should continue until help arrives. If an AED is close by, use that instead of CPR, he says.
Sudden cardiac arrest is a leading cause of cardiovascular death and is not the same as a heart attack. Sudden cardiac arrest occurs when electrical impulses in the heart become rapid or chaotic, which causes the heart to suddenly stop beating. A heart attack occurs when the blood supply to part of the heart muscle is blocked. A heart attack may cause cardiac arrest. Currently, only about 41 percent of cardiac arrest victims get CPR from a bystander.
Posted in: 60 Plus in Omaha, Education, Health
Topics: American Heart Association, CPR. health, Haysam Akkad, life, MD, The Nebraska Medical Center
Keeping Mind and Body Active
April 5, 2014 by Susan Meyers
Mike Egger, 66, has always enjoyed tinkering around the garage, maintaining his cars and lawn equipment and doing just about anything mechanical. Since he developed Parkinson's disease some 20 years ago, these are some of the things he still enjoys most in life, but they also serve another purpose. They help keep his body and mind active—essentials in helping control the symptoms of Parkinson's disease.
Parkinson's is a progressive disorder of the nervous system that advances slowly and affects movement, muscle control, and balance. It is the second most common nervous system disorder after Alzheimer's disease.
It is estimated that as many as 3 to 4 percent of the population will develop Parkinson's symptoms during their lifetime and the risk is even higher in Nebraska. "While we don't have a cure for Parkinson's, we continue to make progress in diagnosis and treatment," says John Bertoni, M.D., Ph.D., neurologist and director of the Parkinson's Clinic at The Nebraska Medical Center. "We are continually learning more about the disease and there are many new treatments coming down
the pipeline."
People may have Parkinson's for many years before it becomes apparent, notes Dr. Bertoni. Some of the more subtle early-stage symptoms include: loss of sense of smell, thrashing in sleep, depression, loss of facial expression, excessive sleepiness during the day, constipation, shortening of one's steps, and a diminishing arm swing when walking. Other symptoms include slowness, rigidity, and tremors at rest.
Mike and his wife, Mary, believe that Mike probably had Parkinson's disease for about 10 years before he was actually diagnosed. "I had noticed a change in his gait, one of his arms wasn't swinging much anymore, and he had developed a slight tremor in one of his hands," she says. The signs were so slight, however, that she attributed them to an old injury caused by falling off a horse.
As the symptoms became more pronounced, Mike saw a doctor and was diagnosed at age 50 with Parkinson's. "The disease progressed so slowly at first that I barely noticed it, or maybe I was in denial," he says.
Initially, Mike took medications to help control his symptoms. Most people with Parkinson's can get significant control of their symptoms with medications and a combination of other therapies including occupational therapy, speech therapy, nutrition counseling, support groups, and
regular exercise.
Medications can help alleviate problems with walking, movement, and tremors by increasing the brain's supply of dopamine. In Parkinson's disease, certain nerve cells (neurons) in the brain gradually become sick. These neurons are responsible for producing the chemical messenger dopamine. A reduction of dopamine levels causes abnormal brain activity, which can lead to the symptoms of Parkinson's disease.
"Recent studies have revealed that people who are not over-treated with medications do the best in the long run," says Dr. Bertoni. "We have also found that those who take an active role in their own care, who exercise regularly, stay engaged, and participate in support groups, do the best in managing the disease and living a relatively healthy, active, and quality life."
Mary, who is the president of the Nebraska chapter of the American Parkinson's Disease Association (APDA), says that the organization offers more than 20 support groups throughout the state for both Parkinson's patients and their caregivers.
As Mike's disease continued to progress, he eventually had to quit work. The medications also became less effective, and the side effects of the drugs grew to become worse than the symptoms themselves, a common problem among people who have been taking medications for many years.
When Parkinson's disease patients stop responding to medications, a surgical procedure called deep brain stimulation may be considered. Deep brain stimulation involves implanting an insulated wire into a target area of the brain. The lead is connected to a small pulse generator implanted beneath the skin, which generates mild electric pulses to the brain to reduce Parkinson's symptoms, including tremors.
Mike had the procedure performed nearly two years ago and says it has essentially eliminated his tremors. His biggest challenges include trying to walk steadily and maintaining his balance. Aside from that, Mark says, "I still do everything now that I've always done, but I don't do them quite as well and not as fast."
While a definitive cause for Parkinson's has not been found, a combination of factors may play a role, notes Dr. Bertoni. These include aging, having an inherited gene, and exposure to environmental triggers. Some speculate that the relatively higher incidence of the disease in Nebraska may be due to exposure to farm chemicals.
Despite some of the daily challenges of dealing with Parkinson's disease, Mike continues to maintain a positive attitude. "I figure there are many people who have worse things than me," he says. "I just try to roll with it and stay positive."
The APDA assists people throughout the state. Visit parkinsonsne.org or call 402-393-2732 for additional information.
Posted in: 60 Plus in Omaha, Health, Uncategorized
Topics: Alzheimer's disease, American Parkinson's Disease Association (APDA), featured, health, John Bertoni, M.D, Mike Egger, Omaha, Ph.D, The Nebraska Medical Center
Young and Surviving Cancer
May 25, 2013 by Susan Meyers
It was just eight weeks after Amberly Wagner-Connolly had given birth to twins when she received the devastating news that she had breast cancer. She was just 29.
"I knew that life as I knew it would never be the same," she recalls. "I was so shocked. Why me? Why would I have these beautiful kids and then so soon after find this out?"
As it turns out, the experience has come to be one of the most positive things that has happened in Wagner-Connolly's life. It also became the springboard that put her goals in motion.
"It has helped guide me in my life and my career," she says. "It opened my eyes to how much worse things could be and inspired me to do more with my life. Through cancer, I realized that I wanted to go into public health where I can help others. I know I am a better mom, friend, teacher, nurse, wife—everything. All of my roles have been affected in a positive way because of [cancer]."
On March 1, Wagner-Connolly celebrated her four-year anniversary of being a cancer survivor, and while she has managed to make it a positive in her life, she acknowledges that it was also one of the most difficult and trying times in her life.
"It has helped guide me in my life and my career. It opened my eyes to how much worse things could be and inspired me to do more with my life." – Amberly Wagner-Connolly, survivor
The number of young adults who are diagnosed with cancer is very low, usually less than 5 percent, depending on the cancer, says Margaret Block, M.D., a medical oncologist at Nebraska Cancer Specialists. But for those who do receive the disturbing news, it can be a very emotional and stressful journey.
Like many young cancer patients, Wagner-Connolly experienced the challenges and emotional turmoil common among people her age. She struggled with the shock of being diagnosed at such an early age; she feared not being around to see her children grow up; and she grew weary from juggling two tiny twins and a four-year-old daughter when she could barely take care of herself.
Her family and friends and people she didn't even know became her biggest supporters. Her husband worked nights and was able to help as much as he could during the day. Her mother and mother-in-law also provided help when they could and were there for emergencies.
Her co-workers at The Nebraska Medical Center held a fundraiser for her. Several friends of her sister who work at Lincoln Financial Group also organized a fundraiser/auction and raised more than $6,000 to help her with her medical bills.
This touched Wagner-Connolly greatly and was a turning point that helped her keep fighting. "It made me see the good in the world," she says. "When complete strangers reached out to help me, I became determined that I had to do something with my life to make an impact like they had for me."
"The number of young adults who are diagnosed with cancer is very low, usually less than 5 percent, depending on the cancer." – Margaret Block, M.D., medical oncologist with Nebraska Cancer Specialists
Determined to not let her surgery and chemotherapy treatment slow her down, Wagner-Connolly was able to continue her master's studies, finishing on her target date. She also kept a challenging work schedule as a nurse at The Nebraska Medical Center.
Being able to maintain some control over other parts of her life was important to her mental well-being. There were days during her six-month chemotherapy regimen when she felt as if she couldn't go on. "I just had to take it day by day," she recalls. "I did a lot of reality checks."
Having goals—such as seeing her children grow up, completing her master's degree, and wanting to live to make a difference in the world—fueled her will to keep fighting.
"Amberly did an amazing job," says Peggy Jarrell, LCSW, OSW-C, a licensed clinical social worker and a certified oncology social worker at Nebraska Methodist Hospital, who worked with her during her treatment. "Motherhood can be stressful enough…put cancer on top of that, and you have a lot to deal with. [She] was able to maintain her own and still stay active in the outside world."
Jarrell says it's very important for cancer patients to establish a good support network of people and friends who can help them through this period. She also recommends having a designated support person who can accompany them at appointments and act as their second set of ears. Many hospitals now provide nurse navigators to help patients "navigate" the health care system.
Stacy Patzloff, RN, BSN, a certified oncology nurse navigator at Alegent Creighton Health, says nurse navigators work closely with the patient and the cancer support team to make sure everything is coordinated. They're there to attend appointments with them and to act as a support person who is available 24/7.
"Motherhood can be stressful enough…put cancer on top of that, and you have a lot to deal with." – Peggy Jarrell, licensed clinical social worker and certified oncology social worker with Nebraska Methodist Hospital
Support is key, agrees Dr. Block, whether it's family, friends, a support group, or seeking the help of a psychologist or psychiatrist. Exercise can also be a good thing and may help you get through chemotherapy with less fatigue, she notes.
Other tips that may help young patients get through treatment and recovery include:
Don't be afraid to ask for help from others.
Take time for yourself if you're having a bad day.
Eat a healthy diet. Seek the nutrition advice of dietitians on staff at the hospital where you are receiving treatment.
Take care of your physical well-being. Programs like Alegent Creighton Health's Image Recovery program provide cancer patients with wigs and helps them deal with hair, nail, and skin problems that are unique to cancer patients.
Today, Wagner-Connolly is very active in a number of projects to help other young victims of cancer. She started the group Survivors Raising Kids for young parents who need help with childcare during treatment and recovery. She is on the board of Camp Kesem for kids who have had a parent with cancer. She is also a nursing instructor at Clarkson College where she teaches public health and is pursuing a doctorate in global health.
"I know how lucky I am," she says. "I want to make a difference in this world. No one should have to face cancer and certainly not a young mom."
And for those who do, Wagner-Connolly is committed to easing that journey.
Posted in: Health, HerFamily, Lifestyle
Topics: Alegent Creighton Health, Amberly Wagner-Connolly, birth, breast cancer, Camp Kesem, cancer, care, Clarkson College, diet, health, HerFamily, Margaret Block, mom, mother, motherhood, Nebraska Cancer Specialists, Nebraska Methodist Hospital, nurse navigator, Peggy Jarrell, Stacy Patzloff, survivor, Survivors Raising Kids, The Nebraska Medical Center, twins, women, young
March 25, 2013 by Susan Meyers
The old saying "third time's the charm" didn't work so well for Laura Adams when it came to quitting smoking.
"Every time I quit, I'd be good for about six months," she says. "Then I'd get stressed about something and decide to have just one. Well, once you start up again, it's all over. It's an all-or-nothing thing."
Adams is not in the minority. Most smokers will try quitting multiple times before they are successful. There's a lot more to smoking than meets the eye, say local smoking cessation experts. "There's an addiction to nicotine, the actual habit, and the emotional dependence that all need to be addressed," says Laura Krajicek, a smoking cessation coordinator for Nebraska Methodist Health System.
A smoker for more than 20 years, smoking had become a crutch for Adams. "It helped me deal with daily stresses," she explains. "When I had a cigarette, that was my relaxation time, my 'me time.' Coffee, cigarettes, and break time all went together. It was hard to have one without the other."
Adams knew that it wasn't a "pretty habit," nor one she was proud of. With a campus-wide no smoking policy at her place of employment, Alegent Creighton Health Immanuel Medical Center, Adams would have to "sneak" to an off-site parking lot to smoke. To mask the nasty smoke odor, she would slip on a different coat, pull her hair back in a ponytail, wash her hands, and coat herself with body spray before returning to the office. "It was an embarrassing addiction," she recalls.
"When I had a cigarette, that was my relaxation time, my 'me time.'" – Laura Adams, former smoker
When Adams learned about Alegent Creighton Health's smoking cessation program, Tobacco Free U, she decided this might be the extra push she needed to help her quit for good. The program focuses on the use of group or individual counseling in combination with a smoking cessation aid such as nicotine patches, nicotine gum, or medications.
According to the Cochrane Review, an internationally recognized reviewer of health care and research, combining counseling and medication improves quit rates by as much as 70 to 100 percent compared to minimal intervention or no treatment.
"Success rates rise drastically when you combine the two," says Lisa Fuchs, a certified tobacco treatment specialist at Alegent Creighton Health. The counseling portion helps people tackle the behavioral addiction, and the smoking cessation aids help with the nicotine addiction.
Which smoking cessation aid is recommended depends on how heavy a smoker, health conditions, as well as what seems to be the best fit for that person's lifestyle, notes Fuchs. These aids are most successful in individuals who have been counseled on how to use them appropriately. The most common aids include:
Nicotine patch – The patch is a long-acting therapy that delivers a steady dose of nicotine over a 24-hour period and is designed to curb a person's cravings for nicotine. This may be appropriate for very heavy smokers. The dosage is gradually lowered to wean a person off the nicotine habit.
Nicotine gum or lozenges – Gum and lozenges are short-acting therapies that deliver smaller doses of nicotine and can be taken as needed to curb the nicotine urge. Tom Klingemann, certified tobacco treatment specialist at The Nebraska Medical Center, recommends that smokers schedule the doses so that they maintain a steady state of nicotine in the body to avoid the nicotine cravings and temptation to smoke. In general, he is opposed to short-acting nicotine replacement therapies because "they keep people looking for a chemical fix even though they may not be smoking anymore." They are also very expensive, and most people trying to quit can't afford the $40 a week price tag they would cost if used appropriately.
e-cigarettes – These work by heating up a liquid nicotine substance that is inhaled as vapor. The product is not regulated by the Food and Drug Administration (FDA) and many still have a lot of chemicals that may not be any healthier than actual smoking, notes Klingemann. "These are not intended to help people quit but keep them addicted to nicotine," he says.
Medications – The two primary prescription medications used for smoking cessation include Zyban and Chantix, with Chantix being the preferred of the two, says Fuchs. "Zyban is an anti-depressant and may be recommended for a person with mild depression to help with moodiness as well as decreasing cravings and withdrawals," notes Fuchs. It is believed to work by enhancing your mood and decreasing agitation related to trying to quit.
Chantix is a newer drug and works by binding to nicotine receptors in the brain and blocking them so that nicotine can no longer activate those receptors, causing a person to get less satisfaction from smoking. At the same time, it also triggers a small release of dopamine, the reward neurotransmitter in the brain. It appears to be safe and quite effective, notes Klingemann. Krijicek says that her clients have seen the most success with this aid.
"Success rates rise drastically when you combine [counseling and medication]." – Lisa Fuchs, certified tobacco treatment specialist at Alegent Creighton Health
Adams used Chantix, which she said helped curb her nicotine urges. But what helped the most, she says, was to change the habits that she associated with smoking. For instance, instead of coffee and cigarettes in the morning, she reached for coffee and orange juice. Because she normally smoked while driving, she changed the route she drove to work. She also replaced the time she would have spent smoking with more positive habits like walking her dogs, running, bicycling, and swimming.
"Once I quit, I started making healthier decisions in other parts of my life as well," she says. "I started eating better, drinking less caffeine, and exercising more. I feel better now."
"For 90 percent of smokers, the addiction is behavioral," notes Klingemann. "It's all of the other stuff that drives the smoking addiction. Until you start changing your behaviors and routines, it's really hard to quit."
Topics: addiction, aids, Alegent Creighton Health, behavioral, cessation, Chantix, Cochrane Review, condition, counseling, dependence, e-cigarettes, emotional, FDA, Food and Drug Administration, gum, habit, health, health care, HerFamily, Immanuel Medical Center, Laura Krajicek, Lisa Fuchs, lozenges, medication, Nebraska Methodist Health System, nicotine, Omaha, patch, quit, smoking, The Nebraska Medical Center, tobacco, Tobacco Free U, Tom Klingemann, treatment, women, Zyban
From Patients to Caregivers
February 25, 2013 by Carol Crissey Nigrelli
Margaret Ludwick spends her days sitting in a wheelchair at a senior care center in Elkhorn. She never speaks. The only expressive motion involves her hands—she constantly puts her long, tapered fingers together like a church steeple. Her big blue eyes stare straight ahead but focus on nothing. No one can reach her anymore, not her daughters, not her husband.
Alzheimer's, the most common form of dementia in adults 65 and over, robs even the most intelligent people of their brain and eventually destroys their body. There is no cure. There is no pill to prevent it. There's not even a test to definitively diagnose it. Effective treatments have proven as elusive as the disease, itself.
"We do have medications that may help with symptoms in some patients, especially in the early stages of Alzheimer's," says Dr. Daniel Murman, a specialist in geriatric neurology at The Nebraska Medical Center. "But they don't truly slow down the disease process."
According to researchers, the number of Americans living with Alzheimer's will triple in the next 40 years, which means 13.8 million will have the disease by 2050 (Chicago Health and Aging Project research as reported by nbcnews.com).
Awareness of symptoms is crucial for early intervention.
"Memory loss and changes in behavior are not a normal part of aging," stresses Deborah Conley, a clinical nurse specialist in gerontology at Methodist Health Systems who teaches other nurses and caregivers about Alzheimer's. "I would urge family members to take [their loved one] to a family physician first, seek as much information as possible, and start making your plans." An assessment that includes the person's medical history, brain imaging, and a neurological exam can result in a diagnosis that's about 85 percent accurate for Alzheimer's.
Ludwick, a registered nurse, who worked at Immanuel Hospital for years, never received an extensive workup.
"I would urge family members to take [their loved one] to a family physician first, seek as much information as possible, and start making your plans." – Deborah Conley, clinical nurse specialist in gerontology at Methodist Health Systems
"I first noticed something was wrong about 15 years ago, when Mom was 70," explains Ludwick's daughter, Jean Jetter of Omaha. "It was the day I moved into my new house. Mom put things in odd places, like a box labeled 'kitchen' would wind up in the bedroom. And she stood smack in the middle of the doorway as the movers tried to carry large pieces of furniture inside, and she just stared at them."
As Ludwick's behavior grew worse, Jetter begged her father, Thomas, to get her mother help.
"He didn't want to hear it. He kept saying, 'This will get better.' He had medical and financial Power of Attorney. Dad worked full-time, and she was home alone. This went on for eight years."
Ludwick's steady decline rendered her unable to fix a meal or even peel a banana. She lost control of bodily functions. After she was found wandering the neighborhood on several occasions, Jetter was finally able to call Adult Protective Services and get her mother into an adult daycare program. After breaking a hip two years ago, Ludwick arrived at the Life Care Center of Elkhorn.
"This is such a sad, but not unfamiliar case," says Conley, who began working with Alzheimer's patients in the mid-'70s. "Even in 2013, people do not know what to do, where to turn."
Dr. Murman adds, "There is still a stigma attached to Alzheimer's. People don't like to hear the 'A' word. But it's much better to be open and specific about it."
A specific diagnosis may rule out Alzheimer's.
"Depression can mimic the symptoms of Alzheimer's…symptoms like mistrust, hallucinations, apathy, social isolation," explains Dr. Arun Sharma, a geriatric psychiatrist with Alegent Creighton Health. "But we can treat that. We can treat depression."
Dr. Sharma helped establish a 22-bed, short-term residential facility called Heritage Center at Immanuel Hospital to better diagnose the reasons for a person's memory loss. Once a patient is stabilized and receives a proper care plan, they can return home. The more doctors learn, the faster a cure will come.
"I see something exciting in the next five to 10 years," says Dr. Sharma. "If we identify and isolate the protein believed responsible for Alzheimer's, perhaps we can do a blood test to catch the disease early."
"There is still a stigma attached to Alzheimer's. People don't like to hear the 'A' word. But it's much better to be open and specific about it." – Dr. Daniel Murman, specialist in geriatric neurology at The Nebraska Medical Center
But what about a cure? With 78 million Baby Boomers coming down the pike—10,000 of them turning 65 each day—this country faces an epidemic. And what about the psychological, financial, and emotional toll on the caregivers, who are very often family members? They, too, feel isolated.
"It was an impossible situation for me. I couldn't get her the help she needed," says Jetter, who bore the brunt of the family crisis since her married sister lives in Dallas. "Now that Mom is at [the nursing home], I can take a breather and concentrate on Dad, who also has mental issues."
In recent weeks, her father, Thomas, has been admitted as a permanent resident of Life Care Center of Elkhorn as well.
What about her own family?
"I have no one. No husband, no boyfriend. I mean, what boyfriend would put up with all this?" asks Jean, who's been shuttling between one parent and the other for years, all the while trying to run her own business. The situation has obviously taken a huge personal toll.
Conley has two words for anyone facing similar circumstances: Alzheimer's Association. The Midlands chapter has support groups, tons of information, and can gently guide the adult child or spouse. They even have a 24/7 hotline: 800-272-3900.
For anyone dealing with Alzheimer's, that number could become a lifeline.
Posted in: 60 Plus in Omaha, Family, Health, Retirement
Topics: Adult Protective Services, Alegent Creighton Health, Alzheimer's, Alzheimer's Association, behaviors, caregiver, children, Deborah Conley, dementia, diagnosis, disease, Dr. Arun Sharma, Dr. Daniel Murman, family, health, Immanuel Hospital, Jean Jetter, Life Care Center. Elkhorn, Margaret Ludwick, memory loss, Methodist Health Systems, Omaha, Omaha Magazine, parents, patient, senior. 60 Plus, symptoms, The Nebraska Medical Center, treatment
Surviving Heart Disease
January 25, 2013 by Susan Meyers
As a young woman of just 38 years old, Dionne Whitfield didn't fit the typical description of a heart disease patient. But there she was, standing in front of the cardiologist, still tired and breathless after undergoing a treadmill test, trying to grasp the news that she had three major blockages.
She didn't hear much after that. All she could think about was that she didn't want to become a mere statistic. That she still wanted to have a family and live to see her potential children grow up. What was going to happen to her, she thought.
One week later, in August of 2012, Whitfield was back in the hospital undergoing triple bypass surgery. Today, Whitfield is doing great, and with age on her side, she is determined to take control of her health and her life again.
Looking back, she knows now that her unhealthy lifestyle habits were bound to catch up with her eventually. At 352 pounds, she ate whatever she wanted, often grabbing fast food along the way. She rarely exercised, and she had settled for the fact that she was overweight and nothing was going to change that. She was also African-American, a population that tends to have greater prevalence of risk factors for heart disease than Caucasian women.
"This has been a big eye-opening experience for me, and I don't want to go back." – Dionne Whitfield, heart disease patient
Whitfield's attitude about her weight and health has done an about-face since then. Her attitude actually started to change with several warning signs shortly before the news of her blockages. In early January of last year, she learned that she was borderline diabetic. Concerned, Whitfield began attending group exercise classes and the pounds began to fall off. Motivated by her success, she began to make exercise a priority.
Then came her second warning. In July, she started becoming so short of breath that she could barely make the short walk from her office to the car. When things didn't get better, she consulted with her doctor, who referred her to cardiologist Edmund Fiksinkski, M.D., at Nebraska Methodist Hospital, who performed the cardiac testing in which the blockages were found.
Whitfield's surgery was performed by John Batter, M.D., cardiothoracic surgeon at Nebraska Methodist Hospital. After surgery, she underwent six weeks of supervised cardiac rehabilitation. Whitfield exercises on her own now but is still considered in a recovery phase for the next year and follows a moderate exercise program while her arteries heal.
"Dionne has done great," says Susana Harrington, a nurse practitioner at Nebraska Methodist Hospital, who worked with Dionne throughout her recovery. "She really owned it and became more determined than ever to lead a healthy lifestyle."
"This has been a big eye-opening experience for me, and I don't want to go back," says Whitfield. She continues to work out regularly, watches what she eats, and even reads labels now before putting food in her grocery basket.
She has also lost more than 72 pounds and is determined to double that. "I feel so much better now," says Whitfield. "I'm not breathless now, and exercising is getting easier."
"She really owned it and became more determined than ever to lead a healthy lifestyle." – Susana Harrington, nurse practitioner at Nebraska Methodist Hospital
What women need to learn from this is that the development of cardiovascular disease is a lifelong process and that prevention is a lifelong effort, says Amy Arouni, M.D., cardiologist at Alegent Creighton Health. Controlling your risk factors very early in life can help prevent the development of heart disease later. This includes quitting smoking if you smoke, maintaining a healthy weight, exercising regularly, eating a diet low in saturated fats with lots of fruits and vegetables, and watching your blood pressure and cholesterol. In fact, women can lower their heart disease risk by as much as 82 percent just by leading a healthy lifestyle, according to the National Institutes of Health.
Prevention is important because heart disease is the No. 1 killer of all women, claiming the lives of approximately a half million women each year.
The main difference between men and women is that women are more likely to develop heart disease in their 60s and 70s, about 10 years later in life than men.
That's because after menopause, risk factors tend to rise in women, especially blood pressure and cholesterol levels and rates of obesity, says Eugenia Raichlin, M.D., cardiologist at The Nebraska Medical Center. Other risk factors such as smoking, diabetes, and family history also raise a woman's risk.
"The longer you wait, the greater the potential to suffer significant damage to the heart." – Amy Arouni, M.D., cardiologist at Alegent Creighton Health
The consequences of heart disease also tend to be more severe in women. For instance, "a greater number of women die of sudden cardiac death before their arrival at a hospital (52 percent) compared to 42 percent of men," says Dr. Raichlin. "Women often require more hospitalizations compared to men, have lower ratings of general well-being, and limitations in their abilities to perform activities of daily living. As a result, heart disease in women presents a unique and difficult challenge for physicians."
In addition to prevention, women should also be aware of the symptoms of heart disease and the subtle changes in their bodies, says Dr. Arouni. "Unlike men, women's symptoms tend to be more vague and atypical and may include mild neck, shoulder, upper back, or abdominal discomfort; shortness of breath; nausea or vomiting; sweating; lightheadedness or dizziness; extreme fatigue and/or a jaw ache that travels down the neck," she says. "Because the symptoms tend to be vague, oftentimes, women will stay at home and ride it out."
This is one of the key areas where women go wrong. "Getting help quickly is critical," says Dr. Arouni. "The longer you wait, the greater the potential to suffer significant damage to the heart."
While the development of heart disease in a woman's 30s is less common, it does happen, especially when other risk factors are involved such as family history, obesity, or diabetes.
Whitfield feels fortunate that she and her doctors took her symptoms seriously and that she sought help early on. Now, she hopes she can help other women avoid the same fate by taking control of their health at a young age. "I feel very grateful to my family and friends and to the doctors and nurses that helped me get through this," she says. "When you're young, you don't think anything can happen to you, but now I know differently. I don't take my health for granted anymore."
Topics: African-American, Alegent Creighton Health, Amy Arouni, blood pressure, cardiologist, cardiothoracic surgeon, cardiovascular, cholesterol, diabetic, Dionne Whitfield, Edmund Fiksinkski, Eugenia Raichlin, exercise, factors, fast food, health, heart disease, HerFamily, hospital, John Batter, lifestyle, menopause, National Institutes of Health, Nebraska Methodist Hospital, obesity, Omaha, patient, prevention, recovery, rehabilitation, risk, smoking, statistic, surgery, Susana Harrington, The Nebraska Medical Center, triple bypass, weight, women


The Taylor High School orchestras entertained audiences during their Winter Extravaganza concert. Kevin Cho, a Taylor High School senior, had the privilege of conducting the combined concert orchestras during their performance of "Concerto Grosso, Op. 6 No. 5." Cho has been actively involved in orchestra during his high school years and is currently the president of the Taylor Orchestra Student Association.
The Taylor High School Orchestras are under the direction of George Engelmann, Chris Bailey, and Aimee Norris. Please mention you found this on www.KatyMagazine.com.


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text:
Summerfest Feet
The Rule of Six
Fest Tips
Fest-Blog
Where I'll be
SummerfestBlog
Eleven Days. 800 bands. One man with a musical obsession and poor impulse control.
locking eyes/ holding hands/ twin high maintenance machines
By zombie rotten mcdonald
Today's Playlist is heavy on the Darnielle.
Seen his band three times now. Never fail to amaze and blister and break strings.
watch his face every time she harmonizes:
I'm not answering the phone anymore today.
1 Comment	| posted in Music, shovels
Summer of Punishment
Bad news, bad news. Harley Fest has taken it's ticket pricing cues from Lolla rather than Summerfest, and the basic ticket price is 79 bucks for a 2 day pass. No 1 day gigs.
I was pretty jazzed to see Gaslight Anthem when they played there this Friday, but it is not to be. The weekend is not destined to work for a two day pass, and that's way too steep, even to see a favorite band unless it's REM or the Mekons.
Sigh. Oh well. Maybe I'll get drunk and mow the lawn.
In the meantime, here's a Milwaukee band that I finally saw at Summerfest, Juniper Tar. I am liking them, and you should too, I figure.
6 Comments	| posted in General, shovels
American Wake
It may be counter-intuitive. but Milwaukee is home to a pretty notable Irish music fest. It is, of course, held on the Summerfest Ground, because why not?
The Irish Immigrants who moved this far kept their heritage alive pretty well, and considering the discrimination they faced, who can blame them? I dunno if they had a difficult time with the predominantly German people who were here (but there's a reason that 'German-Irish' is a pretty common heritage in Wisconsin) but since drinking is an important part of both heritages, they have by now made their peace.
Irishfest attracts bands from distance, Ireland, of course; but also New York stalwarts Black 47 have been here often. Currently, the hot performers are the Red Hot Chilli Pipers and Gaelic Storm, who pack stages. But of course, we delve further afield….
The stage listings had an interesting thing this year; there were many bands with a graphic say "Music Nova Scotia ". And I have to say right here that Friends Of Zombie The Stanfields would have fit right the fuck into this festival, yes. I remarked that at Summerfest, a large number of the bands I saw and talked to were from Nova Scotia. I have to give props to the city for making a fruitful effort to spread the music of the city around. I kind of wish american cities still had money to do such a thing, but apparently our money is reserved for strip mining, bailing out rich people, and building weapons.
So, yeah. IrishFest. Irish music. Irish-y music. We spent a long time watching Derek Byrne and Paddygrass and having good beers. and then looking for something appropriate at the late night headlining spot. Which we found in a band called Cutthroat Shamrock, whose website says "punk, appalachian, and Irish" Oh my that's a sweet spot that is. The band looked like ZZTop after taking an unusual career twist, but played like Split Lip RayField had merged with the Pogues (although the bass player used a proper upright, not a modified pick up gas tank). Here they are playing a song:
And even better, for their last song, they brought out the singer and fiddle player from local Irish-punks Whiskey Of The Damned to sing and play along. AND THEN, because the stage crew had to break down the stage, but the band didn't feel like stopping, they came out into the crowd with their guitars to sing one more un-amplified. God, I love it when a band is having more fun than you are.
Then, we got new beers and wandered up the grounds to the next big stage, and saw Screaming Orphans (OK, I admit they could have picked a better name). Four sisters from Ireland, playing, pop-rock, and including keyboards, fiddle, or accordion as necessary. As Larry kirwan (Black 47 bandleader and Friend of Bastard) says "I am Irish, this is my music, that makes it Irish Music". As ever, seeing women in a band was great, considering the misogyny of the music industry; but even more, at an Irish music festival where women seemed largely relegated to playing fiddle or dancing that weird, restricted dancing style on the side of the stage.
And, being musicians, they of course knew that they should pay tribute to the local heroes (and because the are self-proclaimed Angry Girls):
Seriously, they had me at the "big hands" part.
And then they played this (but with three guys from the Red Hot Chilli Pipers):
I LOVED the lyric modification to "shot of vodka/ shot of vodka/ rum an a rum an a rum an a coke"
But as much as I love that song, i really want them to change the gender.
At the end of the day, I spent the evening at a wonderful festival with the woman I love, and we saw great stuff and had great talks and great beers, and I saw great new bands to add to my Library.
As is typical, I recommend all you readers to check these bands out, but not just by doing the cheap download. Get your fucking ass off the fucking couch and go see some fucking live music. Rock music is not the only one that lives in the live venue; musicians live to play for YOU, so goddam it, go out and be the second half of that equation. Music means NOTHING unless someone is receiving….
2 Comments	| posted in Daily Reports, Music
Then Came The Last Days Of May
Blue Oyster Cult was on of my earliest musical insanities, and one of my longest-lived. They always were a bit too involved, erudite, and weird but still lumped into the early cultural ghettoes of "heavy Metal", to be a band that was stereotyped. I saw them on the Cultosaurus Erectus tour, and several time after. But they were less about the headbanging testosterone metal scene than they were about good songs with interesting lyrics and a great band.
Oyster Boys Are Swimming for Me; just one deal is what we made, now
Do you think the zombie persona would have come around without the musical background of the Oyster Boys? Come on.
I saw them at the clamshell in Madison, and Alpine Valley when they were at the top of their game. I saw them at their worst in a crappy hall in wisconsin, and I walked out, After all that, I decided that fifteen bucks was worth it for a local show in a small club…and was fucking blown away. It was all the best of what I loved about the band, and they had decided that playing for appreciative crowds of any size was worth it.
But one of the high points of that show was Al lanier playing "in Thee" on an acoustic guitar. Fuck, even then he looked like he was dying. Al ALWAYS looked like he was dyin….
"Jim says some destinies, should not be delivered… Winning, it makes losers of us all"
Love, it makes strangers of us all. When we fall.
Allen Lanier died this week.
So I wrapped myself in cities I traveled
I wrap myself in dreams
I wrap myself in stranger's arms
But I wish I could wrap myself…. in thee.
His band helped make me who I am today. He was a compatriot of Patti Smith and Jim Carroll, and his work si fucking important and I am sad that he is gone.
I am going out on the back deck to listen to a shitload of BOC and make a bonfire.
12 Comments	| posted in Music
Meet Me Where You're Going
I am just as snarky and ironic and Insufferable as any music snobs. Let's be straight about that, and I doubt that anyone of the normal fucking people (or, as Prof Hubbard says, Pay-OH-play) figures anything different.'
So, you know, maybe you folks are not the best folks to accompany me to a band of young people who are fervent plunderers of old music.
Bear with me, I think this makes sense.
Rory texted me late afternoon, saying that there was a band at Turner Hall, and I will tell you right now that Turner Hall is one of the best places to see bands, hands down. So, by the transitive factor, if a band is there, they must be awesome. I think nobody can reasonably argue that.
So we meet there, and the opening bad was serviceable. To me, they sounded like a lot of very young bands do, like they've been raised on YouTube and think landing a song on a car commercial will be the best way to hit it big. Well, I was raised on the radio, and saw what that environment did to bands, chewing them up and spitting them out while cruelly ignoring most; so who am I to argue? Twin Peaks, they were called, check 'em out before David Lynch sends his high-priced but weird attorneys to visit them.
I think Foxygen is a dumb name. Especially for a band that isn't playing electro or dance music. But again, who am I to argue?
The only thing I knew of them was this song:
I was told that band were sardonic hipsters, making satirical references to hippie music tropes; but honestly, I could not make out any tongues in cheek from anybody in the band. Except maybe the guy being out-of-time on the tambourine, during the songs he wasn't faking on guitar. Well, that's what it looked like from where we were.
I saw an honest affection for older music, and Rory and I had a swell time playing Name-That-Influence from bands that recorded before most of the kids in the audience were even born. Well, it sounded new to them, I guess. I told a few of them about this new English Group, the Lead Balloons or something like that…
But everybody draws from the past in some way. (I have seen a compelling case that Led Zep, in addition to plundering many older blues players, also quite freely appropriated from their contemporaries when they could). REM once sang "standing on the shoulders of giants, leaves me cold" but they were working from templates laid down by the Velvet Underground and the Byrds (and doesn't that "San Francisco" song sound kinda like an REM song?). So we made ironic, sarcastic mockery of the ironic, hipster kids who thought they were enjoying sardonic hipster music. It was like a triple reverse irony backflip.
In any case, Ror and I had massive amounts of fun, and the band was entertainingly anarchic on stage. And since they didn't have the young lady touring with them, they had the integrity to not play their current single.
11 Comments	| posted in Daily Reports, Music, Uncategorized
[Apologies to everyone, expecially Zelmocaster, for taking so long to get this pulled together. Has it really been over a week? I guess Mr. Calendar says so. It's been a while since I wrote, and having a tough time finding a way into this post….]
Hey, remember a while back when I wrote about seeing Matthew Sweet play at Shank Hall, doing a full album set of "Girlfriend"? After the show, we saw the members of the Shoes hanging around, not at all surprising to see them show up. I hope they got a chance to hang with one of their (followers? Contemporaries?) after. At the time, they had just released the stellar new album "Ignition" and I wanted to ask if they were going to do any shows, but I didn't bother them. I would find out eventually, I was certain.
I did, when I got an email from Zelmorama that said "SHOES!!!!!! I have your ticket!" And it would be a Friday, so not a school night.
The opening band, Sugar Stems from Milwaukee, were a great, young band. You know that song from the movie That Thing You Do, "That Thing You Do"? (heh). Well, it would have fit right into the setlist. and the band seemed to be kind of star-struck, opening for power pop legends as they were.
But when Shoes hit the stage with a track from that recent album, I wondered if we had made the right choice; the harmonies were kind of for crap. WTF, shoes? I mean, I am not one that insists on note-perfect renditions, but the harmonies on these songs was kind of important, guys.
I needn't have worried, and I should have cut a little more slack for some guys my age. It just took a song or so for them to warm up and get back in sync with each other. I wonder if they were a bit nervous, too? They hadn't played out that much recently , and Milwaukee audiences are notoriously savage….
I don't have much to say beyond that. They sounded great and had fun, and played like 30 songs, including 2 encores. So here are some pretty good videos someone got of the show, with decent sound — although I will say that they sounded better from where we were sitting right in front of the sound board.
While talking with the band, they mentioned that they were playing the next night in Evanston, at a bar that was more "intimate". Hilariousl because Shank is a 300 person club, and far from cavernous. Perhaps they were talking about the fervor of the crowd at Shank, who brought them back for two encores. We talked to the band after, and got things signed, and I just ordered the biography of the band that will be out in a couple of weeks.
I don't have any real seque, or story, or point to this post; sometimes music is just about having a good time. Sometimes it's just about old friends and new friends, and trying to catch a piece of magic, as was so easy when we were all younger. So for those keeping score, it was a few beers with a good friend, some new music, some old music, and we all just had a wonderful time. Didn't we just!
1 Comment	| posted in Daily Reports, Music
Countdown to Fest!
The Big Day for the Big GigJune 29th, 2016
GO FEST YOURSELF!
Good Night for Bad Decisions
Wait So Long
Rain In The Summertime
The Legendary Band (That's Still Together)
Zelmo on Up On The Sun
zombie rotten mcdona… on Up On The Sun
Mikey Hemlok on Up On The Sun
zombie rotten mcdona… on The Rhythm Of The Heat
zombie rotten mcdona… on Starts At Dusk
Here's my Twitter feed
Milwaukee Weather
The Mothership
Friday Musical Poop Shoot


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A couple of bloggers who started the journey with us didn't show up for this stop on the tour. I'm surprised because Thai food is pretty well-known and appreciated across the world. But don't despair. Those that did show up were really creative and provided an excellent representation of the flavors of Thailand.
Note: I toyed with the idea of canceling Egypt because I didn't want to be seen as trivializing current events, but what better way for food bloggers to show solidarity than to showcase the food? Plus, we all have to eat so we'll meet you next week at the pyramids.
Sawakeedah! You can count me among the fortunate who have visited Thailand.
Japanese cuisine is so much more than California rolls and the Benihana style of stove-top theatrics that most people are familiar with. And, it's certainly more than 59-cent ramen noodle packages.
Our bloggers knew better. They embraced the clean taste, style and intricate presentation that is so uniquely and admirably Japanese. And they set their tables to appropriately show off the dishes they made. I encourage you to click through to all the blogs for their unique perspectives, more photos and, of course, the recipes.
Note: We have 3 new bloggers joining us for this leg of our tour. Please give them an especially warm welcome.
Have you heard of umami? Umami is a word that recently made its way into the worldwide culinary vernacular. Its origin is Japan and the definition loosely implies 'good taste' or 'deliciousness'. There are all kinds of chemical reasons that trigger this sensation. They involve words I don't understand like glutamate, ribonucleotides, inosinate and guanylate.
Suffice it to say, if I ever use it…I mean it in the gastronomical sense and as it has conventionally become known: "the fifth taste" to its counterparts sweet, sour, salt + bitter. Beef and sweet potatoes are considered umami-rich foods.


Motoring review site Honest John has named the KODIAQ its 2018 Car of the Year – adding another trophy to our large SUV's remarkable collection. As well as securing the highest honour, the KODIAQ also won SUV of the Year. Honest John website visitors also named the SUPERB as Large Family Car of the Year for the second year in succession.
The SUPERB, meanwhile, continued to dominate the Large Family Car category – a remarkable achievement for a car that made its debut in the UK in 2015. Such was the level of online interest in the brand's spacious hatch and estate that it generated more web traffic than any other model during the judging period.
Unlike other awards, the Honest John honours are chosen by the 2.3 million annual visitors to the HonestJohn.co.uk website, rather than a panel of journalists and experts. The reviews that generate the most interest – judged by the number of page visits – are the winners. This provides a unique picture of the cars that generate the most interest and excitement among buyers and enthusiasts.
The Honest John Awards are just the latest in a long line of accolades won by the KODIAQ and SUPERB. The former has taken more than 10 top industry titles since its launch last March, including TopGear Magazine Family SUV of the Year, Auto Express Best Large SUV and What Car? Best Large SUV. The SUPERB, meanwhile, has racked up more than 20 titles including Best Car awards from What Car?, Auto Express, The Telegraph and The Sunday Times.