¶1 Defendant/Appellant, Antonio L. Rosales, seeks review of the trial court's order in favor of Plaintiff/Appellee, Carts & Parts, Inc. (Carts & Parts), enjoining and prohibiting Appellant from using, selling and disposing of his real and personal property, of whatever kind and nature, including death proceeds from several life insurance policies insuring Appellant's wife, Kyrle W. Rosales. We re... More...   $0 (10-01-2009 - OK)

American Family Mutual Insurance Company appeals the circuit court's judgment in garnishment in favor of Chrystal Lunde arising from a default judgment. American Family contends that the circuit court erred in: (1) finding that Carol Scardacci's bankruptcy filing had no effect on the default judgment, and (2) finding that the insurance policy required American Family to pay post-judgment interest.... More...   $0 (09-29-2009 - MO)

Shelby Moses brings this appeal, asserting that the district court erred in its choice-of-law and state-law determinations. Ms. Moses requested a garnishment order, in Kansas, against Allstate Insurance Company (“Allstateâ€�) for its alleged negligent or bad faith refusal to settle Ms. Moses’ claim against Chris Halstead, Allstate’s insured. The district court found for Allstate, concluding ... More...   $0 (09-08-2009 - KS)

Ammon Painting Company (Ammon) and its insurers, Valiant Insurance Company (Valiant) and Assurance Company of America (Assurance), appeal the trial court‟s grant of summary judgment for Contractor Supply Company (CSC) (n/k/a Hertz Equipment Rental Corporation) and its insurers, Travelers Indemnity Company (Travelers Indemnity) and Travelers Property Casualty Company of America (Travelers Propert... More...   $0 (08-04-2009 - MO)

This case involves a judgment rendered in 1984 and a creditor's attempt to execute on the judgment twenty-three years later in 2007. The trial court rendered summary judgment in favor of the debtor, Marvin Whitehead. The creditor, Cedyco Corporation, appeals and contends no summary judgment evidence supported Whitehead's motion. We affirm.


I. Background

On March 16, 1984, Emery F... More...   $0 (07-16-2009 - TX)

Appellant, Regions Bank, filed a restricted appeal of a default judgment entered in relation to a writ of garnishment in favor of appellee, Centerpoint Apartments. The default judgment found Regions liable and awarded damages of $6,533.49, the amount of an underlying judgment in favor of Centerpoint against Stanley Elvin Hance, $501.00 for costs of court for both the underlying proceeding and the ... More...   $0 (06-04-2009 - TX)

¶1 The first impression issue presented is whether Marine Power Holding, L.L.C. (MP Holding), a successor company once-removed from Marine Power Engine, Inc. (MP Engine), is liable for a judgment taken against MP Engine. As a general rule, when one company sells or otherwise transfers all its assets to another company, the successor is not liable for the debts and liabilities of the seller. There... More...   $0 (05-05-2009 - OK)

This case presents the question whether an insurer can contest coverage in a garnishment action despite its agreement to defend the underlying tort suit without a reservation of rights. The insurer claims it can because it was unaware at the time it made its agreement that judgment already had been entered in the suit it was agreeing to defend. This Court holds that, to the contrary, the insurerâ€... More...   $0 (05-05-2009 - MO)

This case is before this Court for the third time. In the first appeal, Case No. 05-1796, we upheld the district court’s entry of a Default Judgment against Defendants-Appellants on Plaintiff-Appellee’s Complaint for copyright infringement. In the second appeal, Case No. 05-2101, we upheld in part the district court’s award of statutory damages, injunctive relief, and attorneys’ fees, and ... More...   $0 (04-06-2009 - MI)

Plaintiff Jeffrey Rowe brought suit in federal district court against Educational Credit Management Corporation (“ECMCâ€�), alleging violations of the federal Fair Debt Collection Practices Act (“FDCPAâ€�) and of Oregon state law. The court dismissed plaintiff’s federal claims for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6) on the ground that defendant’s collect... More...   $0 (03-19-2009 - CA)

Gilbert Sanchez, the personal representative of the estate of Mike Sanchez, appeals the district court’s order dismissing this action for lack of jurisdiction. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I.

The original plaintiff in this case, Mike Sanchez, was a World War II veteran and New Mexico resident. In approximately March of 2006, following the death... More...   $0 (01-09-2009 - NM)

These consolidated matters arise from an action in which a law firm sought to recover attorney fees incurred for its representation of a corporation in a separate receivership and dissolution action. The district court awarded the requested fees; approved the law firm’s garnishment and directed the corporation’s receiver to pay the firm out of the receivership funds; and awarded the firm addi... More...   $0 (12-29-2008 - NV)

AirTran Airways, Inc. (AirTran), garnishee, appeals from the district court's denial of its motion under K.S.A. 60-260(b) to set aside a default judgment obtained by the garnishor, Southwestern Bell Yellow Pages, Inc. (SWB), under K.S.A. 61-3514 based upon AirTran's failure to answer a wage garnishment order.

The district court entered default judgment against AirTran under K.S.A. 61-3514, ... More...   $0 (12-19-2008 - KS)

This case involves an oral contract. The dispute involves the terms of the oral contract and whether the oral contract was between Chris W. Christian and Bert Smith IV or between Christian and B4 Cattle Company, Inc. (B4), Smith’s corporation. Smith claims that the oral agreement was between Christian and B4. Under the terms of the oral agreement, Christian would borrow money from the Citizens N... More...   $0 (12-12-2008 - NE)

This appeal requires us to decide the propriety of the district court's dismissal of plaintiff Mary Rector's lawsuit against her defendant siblings to enforce the terms of a mediated settlement agreement.

The handwritten agreement at issue–evidently arrived at in hope of resolving several ongoing disputes among Rector and her brother, Clifford Tatham, and her sisters, Patricia Disque and ... More...   $0 (11-21-2008 - KS)

MSK EyEs, LTD (MSK) and its founder, Muhannah S. Kakish (Kakish), appeal from an order of the district court granting summary judgment to Wells Fargo Bank (Wells Fargo). MSK and Kakish (Appellants) brought an action against Wells Fargo on a myriad of claims arising from their banking relationship, including: breach of contract, credit defamation, business disparagement, defamation, interference wi... More...   $0 (11-04-2008 - MN)

This appeal is directed to a judgment that confirmed and registered an arbitration award in favor of MBNA America Bank (plaintiff) against Leslie W. Montgomery (defendant). The judgment was entered August 5, 2005. Defendant's appeal is not timely.(FN1) It is dismissed.

Plaintiff filed a pleading denominated "Motion and Application for Confirmation and Registration of Arbitration Award" in ... More...   $0 (10-08-2008 - MO)

California Uniform Commercial Code (CUCC) section 9332, subdivision (b)1 reads, “A transferee of funds from a deposit account takes the funds free of a security interest in the deposit account unless the transferee acts in collusion with the debtor in violating the rights of the secured party.â€� This case presents a very narrow question— one of first impression in California: Is an unsecured ... More...   $0 (10-01-2008 - CA)

California Uniform Commercial Code (CUCC) section 9332, subdivision (b)1 reads, “A transferee of funds from a deposit account takes the funds free of a security interest in the deposit account unless the transferee acts in collusion with the debtor in violating the rights of the secured party.â€� This case presents a very narrow question— one of first impression in California: Is an unsecured ... More...   $0 (10-01-2008 - CA)

NRS 108.237(1) entitles a prevailing mechanic’s lien claimant to the enforcement proceedings’ costs, including reasonable attorney fees. This appeal concerns three issues with regard to that statute. First, we consider whether NRS 108.237(1) contains within its scope attorney fees that are incurred after the district court enters a judgment determining the lienable amount and foreclosing upo... More...   $0 (09-18-2008 - NV)

This appeal examines the standard to be applied when an insurance company denies coverage because the insured failed to disclose a potential claim on an application for insurance. Specifically, we must determine: When an application for insurance asks for the identification of "any facts, circumstances, or situations . . . which could reasonably be expected to give rise to a claim" and the policy ... More...   $0 (09-17-2008 - KS)

Appellants Kari Kinnaman-Carson and Randy Carson appeal the circuit court's Amended Judgment and Order granting Respondent Westport Insurance Corporation's motion for summary judgment on the Carsons' claims. Because the Carsons' damages were excluded under the unambiguous language of the insurance policy issued by Westport to ABC Specialty, Inc., we affirm.

Factual Background

On Augu... More...   $0 (09-09-2008 - MO)

The instant case involves an appeal from an order granting in part a judgment debtor’s claim of exemption filed in response to a levy on a bank account. The parties assert that the issue presented on appeal is one of first impression: Whether the judgment debtor’s exemption under Code of Civil Procedure section 704.070 for paid earnings traced to a deposit account is 75 percent of the paid ear... More...   $0 (08-15-2008 - )

Plaintiffs Certain Underwriters at Lloyd’s, London, and Certain London Market Insurance Companies1 sought a judicial declaration of their obligations under reinsurance and direct insurance contracts involving defendant Astro Limited (Astro), serving as both the reinsured and direct, captive insurer, and defendant Boeing Company (Boeing), the direct insured. The circuit court of Cook County grant... More...   $0 (07-18-2008 - IL)

Plaintiff Melissa Avery appeals the district court’s order granting summary judgment to Defendant Joint Township District Memorial Hospital on Avery’s claims of wrongful discharge in violation of public policy, intentional infliction of emotional distress, and fraud. For the reasons set forth below, we AFFIRM the decision of the district court.

BACKGROUND

A. Substantive Facts
... More...   $0 (07-16-2008 - OH)