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Recent Verdicts and Judgments
Cecil Blaine Ralphs v. The Honorable Clark A. McClellan

¶1 This case comes to us on a petition for extraordinary relief from a case originating in justice court. The underlying justice court proceedings involved misdemeanor charges against Cecil Ralphs under lewdness provisions of the criminal code. An earlier lewdness case culminated in a conviction in justice court in 2010. When Ralphs was subject to further lewdness charges in 2011 and 2012, he was ... More   $0 (08-29-2014 - UT)

State of Washington v. Jamie Lee Chaffin

The State of Washington charged Jamie Lee Chaffin with third-degree assault after a gun that her 9-year-old son took a gun to school that went of and injured another student. The State dropped that charge and charged Defendant with unlawful possession of a firearm by a convicted felon based on the fact that the man that she was living with at the time owned and kept firearms in his home.

... More
   $0 (08-29-2014 - WA)

Alberto Daniel Saucedo Suarez v. City of Corona

Alberto Daniel Saucedo Suarez and his attorneys, Allan F. Davis and the law firm of Robinson Calcagnie Robinson Shapiro Davis, Inc. (together, the Attorneys and with Suarez, Appellants), appeal from the trial court's award of attorney fees and costs to the City of Corona (the City) under Code of Civil Procedure section 1038 (section 1038). (Undesignated statutory references are to this code.) Appe ... More   $0 (08-29-2014 - CA)

In re the Marriage of Joy and William Evans

This appeal presents a question of first impression about the Family Code provisions that require spouses who are dissolving their marriage to exchange declarations of disclosure of assets and liabilities.1 Specifically, is a property settlement
1 Declarations of disclosure (disclosure declarations) are governed by Family Code sections 2100 through 2113, which sections comprise chapter 9 of pa ... More
   $0 (08-29-2014 - CA)

Betty Douglas v. Fidelity National Insurance Company

In this insurance bad faith case, plaintiffs Betty and Jerry Douglas and defendant Fidelity National Insurance Company (Fidelity) appeal from the judgment after jury trial. Judgment was entered in favor of plaintiffs and against Fidelity in the amount of $807,058.10, plus interest and costs of suit. Plaintiffs appeal the trial court’s decision to strike the jury’s $1.9 million punitive damages ... More   $0 (08-29-2014 - CA)

United States ex rel. Fowler and Towl v. Evercare Hospice, Inc., et al.

WASHINGTON – The United States has partially intervened against defendants in two whistleblower lawsuits in the Federal District Court for the District of Colorado alleging Evercare Hospice and Palliative Care (Evercare) submitted false claims for the Medicare hospice benefit. Evercare is now known as Optum Palliative and Hospice Care, which provides hospice services across the United States. ... More   $0 (08-29-2014 - CO)

United States of America v. Guatemozin Garcia

CORPUS CHRISTI, TX - Guatemozin Garcia, 59, of Alice, pleaded guilty to fraudulently receiving Social Security disability benefits, announced U.S. Attorney Kenneth Magidson. Garcia began receiving benefits from the Social Security Administration (SSA) after reporting he was unable to work as a result of disorders of the back. However, the investigation revealed that numerous individuals had regula ... More   $0 (08-29-2014 - )

The People v. Ben Chandler, Jr.

Penal Code section 422, subdivision (a) prohibits ―willfully threaten[ing] to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement . . . is to be taken as a threat . . . which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person ... More   $0 (08-28-2014 - CA)

Taylor Patterson v. Domino's Pizza, LLC

Franchising, especially in the fast-food industry, has become a ubiquitous, lucrative, and thriving business model. This contractual arrangement benefits both parties. The franchisor, which sells the right to use its trademark and comprehensive business plan, can expand its enterprise while avoiding the risk and cost of running its own stores. The other party, the franchisee, independently owns, r ... More   $0 (08-28-2014 - CA)

The People v. Leticia Garcia

Appellant Leticia Garcia was charged with sexually abusing a girl she babysat. At trial, the prosecutor attempted to show she is a lesbian. The prosecutor asserted during closing argument that her supposed attraction to other women gave her a motive to sexually abuse the victim. While disavowing the notion that all lesbians are child molesters, she nonetheless argued it was very telling that appel ... More   $0 (08-28-2014 - CA)

United States of America v. Daniel Lujan

ALBUQUERQUE, NM – Daniel Lujan, 24, of Las Vegas, N.M., pleaded guilty to a four-count superseding indictment, charging him with a bank robbery, the robbery of two convenience stores located in tribal communities, and the robbery of a business involved in interstate commerce occurring in two days in Aug. 2011. Under the terms of his plea agreement, Lujan will be sentenced to 144 months in priso ... More   $0 (08-28-2014 - NM)

United States of America v. Jonathan Madrid

Las Cruces, NM – Jonathan Madrid, 28, of Roswell, N.M., was sentenced today in federal court in Las Cruces, N.M., for his methamphetamine trafficking conviction. Madrid was sentenced to 188 months in federal prison to be followed by four years of supervised release.

Madrid was arrested on June 25, 2013, based on a criminal complaint charging him with possession of a controlled substanc ... More
   $0 (08-28-2014 - NM)

United States of America v. Alexander Sylvester Sellers, Keeland Duralle Williams and Kendrick Dewayne Walker

HOUSTON, TX – Three Houston men have been ordered to federal prison following their respective convictions for bank robbery and related firearms charges, announced U.S. Attorney Kenneth Magidson. Alexander Sylvester Sellers, 22, Keeland Duralle Williams, 33, and Kendrick Dewayne Walker, 22, all previously admitted they robbed the J.P. Morgan Chase Bank in Kingwood on July 31, 2013. Today, U.S. D ... More   $0 (08-28-2014 - TX)

United States of America v. Jesus Carmona

In San Antonio, Texas, 37-year-old Jesus Carmona of San Antonio received 101 months in federal prison for his role in a drug distribution and firearms smuggling operation announced United States Attorney Robert Pitman, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Robert Elder, Houston Division, Homeland Security Investigations (HSI) Special Agent in Charge Jani ... More   $0 (08-28-2014 - TX)

United States of America v. Deja Monet Phillips

Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that DEJA MONET PHILLIPS, age 18, of Houlka, Mississippi, pled guilty to Misprison of a Felony, in violation of Title 18, United States Code, Section 6.

The charge arose from an investigation by the Oklahoma Highway Patrol and the Drug Enforcement Administration.

The Informa ... More
   $0 (08-28-2014 - OK)

United States of America v. Brandon Javar Pittman

Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that BRANDON JEVAR PITTMAN, 32, of Calhoun City, Mississippi, pled guilty to Possession with Intent to Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B) and Title 18, United States Code, Section 2.

The charge arose from an i ... More
   $0 (08-28-2014 - OK)

Annie East v. Southwest Cimm's Inc. d/b/a Burger King #1002 a/k/a Cimm's Incorporated

Appellant, Annie East, challenges the trial court’s rendition of summary judgment in favor of appellee, Southwest Cimm’s Inc., doing business as Burger King #1002, also known as Cimm’s Incorporated (“Cimm”), on her claim against
2
Cimm for premises liability. In her sole issue, East contends that the trial court erred in granting Cimm summary judgment.
We reverse and remand.< ... More
   $0 (08-28-2014 - TX)

Stanley A. Tener v. Short Carter Morris, L.L.P. and Adam J. Morris

Tener challenges the trial court’s rendition of summary judgment in favor of appellees, Short Carter Morris, LLP (“SCM”) and Adam J. Morris, in his suit against them for negligence and breach of fiduciary duty. In three issues, Tener contends that the trial court erred in granting Morris and SCM summary judgment and overruling his objections to their summary-judgment evidence.
We affirm. ... More
   $0 (08-28-2014 - TX)

Jason Robert Konoski v. Dariush Shekarkhar

Jason Konoski appeals from the trial court’s entry of a final judgment of
injunction for protection against domestic violence. He contends that 1) the final
judgment is not supported by competent substantial evidence, and 2) the trial court
erred in excluding testimony Appellant attempted to elicit from Appellee during
cross-examination.
Our review of the record reveals compe ... More
   $0 (08-28-2014 - FL)

The Promenade D'Iberville, LLC v. Rachelle M. Sundy

In this case, we consider whether the appellee employees of the Jacksonville Electric Authority (JEA) violated Florida’s public records law by delaying the disclosure of non-exempt public records sought by the Promenade D’Iberville, LLC (Promenade). After receiving a public records request from Promenade, with whom it was in active litigation in Mississippi, JEA filed a motion for protective o ... More   $0 (08-28-2014 - FL)

William James Deparvine v. State of Florida

William James Deparvine appeals an order of the circuit court denying his initial postconviction motion to vacate his conviction of first-degree murder and
- 2 -
sentence of death filed under Florida Rule of Criminal Procedure 3.851. He also petitions this Court for a writ of habeas corpus. We have jurisdiction. See art. V,
§ 3(b)(1), (9), Fla. Const. As explained below, we affirm the ... More
   $0 (08-28-2014 - FL)

Bruce Neimi v. City of Tulsa

Bruce Neimi, Eddie Evans, Donald a. Lowe and Dorris M. Orr v. City of Tulsa

Issue # 1.
Issue: DECLARATORY JUDGMENT (DECLARE)
Filed by: NEIMI, BRUCE
Filed Date: 07/08/2011
Party Name: Disposition Information:

Defendant: CITY OF TULSA
Disposed: DISMISSED - COURT ORDER, 08/27/2014. Judge.

Issue # 2.
Issue: DECLARATORY JUDGMENT (DECLARE)
... More
   $0 (08-27-2014 - OK)

Stephanie Cruise v. Kroger Co.

Defendants and appellants Kroger Co., Kroger Manufacturing, Compton Creamery, Keith Oldenkamp, Steve Kuebbing, Jesse Turner, Keith Henry, Jill McIntosh and Tony Ramirez (sometimes collectively referred to as Kroger or the Kroger defendants) appeal an order denying their motion to compel arbitration of an employment discrimination action filed by plaintiff and respondent Stephanie Cruise (Cruise).1 ... More   $0 (08-27-2014 - CA)

Ignacio Arqquistain v. Pacific Gas & Electric Company

With certain exceptions, California’s Labor Code1 requires an employer to provide to an employee who works more than five hours “a meal period of not less than 30 minutes.” (§ 512, subd. (a).) This provision does not apply to an employee of an electrical or gas corporation who is covered by a valid collective bargaining agreement that, inter alia, “expressly provides for meal periods for ... More   $0 (08-27-2014 - CA)

William Parrish v. Latham & Watkins

In a prior litigation, FLIR Systems, Inc. and Indigo Systems Corporation (collectively, FLIR) brought suit against their former employees, William Parrish and E. Timothy Fitzgibbons (collectively, Former Employees) for, among other things, misappropriation of trade secrets (the underlying action). Former Employees were successful in defeating the underlying action. Moreover, they obtained a ruling ... More   $0 (08-27-2014 - CA)

The People v. Michael Lofchie

The issue presented in this case is whether a University of California1 faculty member may be criminally prosecuted under Government Code section 10902 for participating in a decision to hire his wife as a program assistant for a four-week summer study abroad course. We conclude that he may not, and for reasons we discuss affirm the trial court’s order dismissing the information under Penal Code ... More   $0 (08-27-2014 - CA)

The People v. Lawrence Gray

Appellant Lawrence Gray challenges his commitment as a sexually violent predator (SVP). In the published portion of this opinion, we hold that the version of the Sexually Violent Predators Act (SVPA; Welf. & Inst. Code, § 6600 et seq.) under which appellant was committed is constitutional.1 We decline to address changes to the SVPA that did not go into effect until after the date of appellant’s ... More   $0 (08-27-2014 - CA)

Jacques Bloxham v. Todd Saldinger

Jacques Bloxham (or Jack Bloxham) and Janette Magoc (the Bloxhams) and Todd Saldinger and Barbara Saldinger, also known as Barbara Zylbert,1 (the Saldingers) disputed the location of their common property lines. At trial, the determinative issue was the location of the western boundary of the Shoquel Augmentation Rancho (more recently denominated the “Soquel Augmentation Rancho”; hereinafter s ... More   $0 (08-27-2014 - CA)

The People v. David Neil Kent

A jury convicted David Neil Kent of possessing child pornography (Pen. Code, § 311.11, subd. (a)(1)), all statutory references are to the Penal Code unless noted), attempting to distribute child pornography (§ 311.2, subd. (c); § 664), and distributing child pornography (§ 311.2, subd. (c)). It also convicted him of possessing methamphetamine for sale (Health & Saf. Code, § 11378) and possess ... More   $0 (08-27-2014 - CA)

United States of America v. Norman Stan Chee

LAS Cruces, NM – Norman Stan Chee, 22, a member of the Mescalero Apache Nation, was sentenced today in federal court in Las Cruces, N.M., to 30 months in federal prison followed by two years of supervised release for his statutory rape conviction. Chee will be required to register as a sex offender when he completes his prison sentence.

Chee was arrested in Oct. 2013, based on a crimin ... More
   $0 (08-27-2014 - NM)

United States of America v. Richard John Medina

LAREDO, TX – Richard John Medina aka “El Guero,” 40, of Laredo, has been ordered to prison for being a felon in possession of multiple firearms and grenades, announced United States Attorney Kenneth Magidson. Medina pleaded guilty Tuesday, Dec. 10, 2013. Today, U.S. District Judge Diana Saldana, who accepted the guilty plea, handed Medina a 93-month sentence to be immediately followed by thr ... More   $0 (08-27-2014 - TX)

United States of America v. Tamara Housley

Oklahoma City, Oklahoma – TAMARA HOUSLEY (a/k/a "Tami Housley"), of Louden, Tennessee, was sentenced today by United States District Judge Joe Heaton to serve 30 months in prison for embezzling from her employer by committing wire fraud and for filing a false income tax return, announced Sanford C. Coats, United States Attorney for the Western District of Oklahoma. In addition, Housley was order ... More   $0 (08-27-2014 - OK)

United States of America v. Michael Allen Cooper

Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that MICHAEL ALLEN COOPER, age 39, of Moore, Oklahoma, pled guilty to Drug Conspiracy, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A).

The charge arose from an investigation by the District 16 District Attorney’s Drug Task Force, the U.S. Dr ... More
   $0 (08-27-2014 - OK)

United States of America v. Amanda Joe Jones

Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that AMANDA JO JONES, age 24, of Westville, Oklahoma, pled guilty to Conspiracy, in violation of Title 18, United States Code, Sections 371.

The charge arose from an investigation by the District 16 District Attorney’s Drug Task Force, the U.S. Drug Enforcement Administration ... More
   $0 (08-27-2014 - OK)

Michelle Scheller v. Salvatore Sollecito

A mother seeks review of an order by a successor judge, which effectively vacated a final order in a paternity action. She argues the successor judge erred in sua sponte ordering a new trial in the paternity action unless the parties could reach an agreement on the wording of the final order. We agree and reverse.
A father petitioned the court to determine paternity. The original trial court h ... More
   $0 (08-27-2014 - FL)

V.C.B. and E.G.B. v. Sultan Shakir

The maternal grandparents appeal the trial court’s order denying their petition to terminate the father’s parental rights and to adopt their grandchild. They argue that the trial court erred in interpreting section 63.089, Florida Statutes (2014) and Florida case law to require a finding that the father exhibited a willful disregard for the child’s safety prior to terminating the father’s ... More   $0 (08-27-2014 - FL)

B.B. v. Department of Children and Families

B.B., the father, appeals an order adjudicating his minor children dependent. We reverse based on our reversal of the dependency order as to the mother in E.R. v. Department of Children & Families, 4D14-885, 2014 WL 3843064 (Fla. 4th DCA Aug. 6, 2014). The trial court held one evidentiary hearing as to both parents and entered one order of dependency. The sum and substance of the facts relied upon ... More   $0 (08-27-2014 - FL)

Melvin Lakechea v. Magnolia Insurance Company

Melvin Lakechea, an insured under a policy of homeowner’s insurance
issued by Magnolia Insurance Company, appeals a trial court order vacating an
order substituting Florida Insurance Guaranty Association (FIGA) in the stead of
Magnolia, which is insolvent, and staying the case below to allow Lakechea to
“proceed with any actions regarding this case with the [Circuit] Court of L ... More
   $0 (08-27-2014 - FL)

Richard E. Jaffe v. In re: Guardianship of Michael Ross Jaffee

Richard E. Jaffe (“Jaffe”) appeals the trial court’s order granting the petition
of attorney Joy Carr (“Carr”) for attorney’s fees and costs, and the trial court’s
order denying Jaffe’s petition to enforce a settlement agreement. For the reasons
that follow, we affirm.
FACTS AND BACKGROUND
Jaffe’s son Michael Jaffe (“Michael”) was employed for twenty years ... More
   $0 (08-27-2014 - FL)

Mariama Monique Changamire v. Keiba Lynn Shaw

Appellant Mariama M. Changamire Shaw seeks review of a circuit court
order dismissing her amended petition for dissolution of marriage, and Appellee Keiba
Lynn Shaw has filed a notice of cross-appeal of that order. Appellant and Appellee are
same-sex partners who married in Massachusetts in 2010 and subsequently relocated
to Florida. The couple separated in October 2013, and Appell ... More
   $0 (08-27-2014 - FL)

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