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Quiet Title Law
 
Guardianship of A.L.

Seven years after appellant Marjorie L. (the guardian or Marjorie) was appointed guardian of her two granddaughters, A.L. and E.L. (the minors), the trial court granted a petition to terminate the guardianship filed by the minors’ parents, respondents Jennifer L. and Richard L., Jr., (the parents, or Jennifer and Richard), following a minutes long hearing in which no evidence was introduced, no ... More...   $0 (07-23-2014 - CA)

William B. Blaylock and Elaine C. Blaylock v. Thomas P. Holland and Kimberly Holland

This appeal concerns a trial court’s denial of an award of trial court costs to appellants William B. Blaylock and Elaine C. Blaylock (the Blaylocks). In two issues, the Blaylocks assert the trial court was without jurisdiction to exceed the prior mandate of this Court by denying the Blaylocks their trial court costs and the trial court was without discretion to deny the Blaylocks their trial co... More...   $0 (07-14-2014 - TX)

The Alabama-Coushatta Tribe of Texas v. United States of America

The Alabama-Coushatta Tribe of Texas brought suit against the United States and various federal agencies alleging inter alia violations of the Administrative Procedures Act and federal common law. The district court granted the Government’s motion to dismiss for lack of subject matter jurisdiction. Because we hold that the Tribe has failed to allege “agency action” sufficient to meet the sta... More...   $0 (07-09-2014 - TX)

City Of Seattle vs. Keith Holmquist

In 1926, two individuals signed real estate installment contracts, a form of executory contract, to purchase properties on Lake Washington from the Puget Mill Company. In 1932, while both individuals were still making timely installment payments, the King County Board of Commissioners vacated the street separating the two properties. The timing of the street vacation is what has, 80 years later, l... More...   $0 (07-01-2014 - )

Jack M. Peterson, Lilly Peterson, Lacey Mineral and Royalty General Partnership, John R. Lacey, Ramona Lacey, Michael Lacey, Cheryl Lacey, and John Satermo a/k/a Lee John Satermo, Eugene H. Peterson, Plaintiffs and Appellees v. Lester Jasmanka, deceased, through Personal Representative Monica Clark, Chief Financial Officer for Hanna Boys Center, f/k/a Archbishop Hanna Center for Boys, Sonoma, California

[¶ 1] Monica Clark, as the personal representative of the estate of Lester Jasmanka, appeals from a district court order denying her motion to vacate a 1990 default judgment quieting title to certain mineral interests in Jack and Eugene Peterson. We affirm, concluding (1) the 1990 judgment was not void and therefore could not be vacated under N.D.R.Civ.P. 60(b)(4), and (2) the motion to vacate th... More...   $0 (06-29-2014 - )

John Rady v. Mortgage Electronic Registration Systems, Inc., as Nominee for Home 123 Corporation

John Rady appeals pro se from the trial court’s order granting summary judgment in favor of appellee Mortgage Electronic Registration Systems, Inc. (MERS) and dismissing Rady’s claims with prejudice. For the following reasons, we affirm.

BACKGROUND

Curtis and Myra Green executed a deed of trust and promissory note with Home 123 Corporation in January 2007 to purchase the property... More...
   $0 (06-29-2014 - TX)

Terral E. Anderson v. Janet Fautin

¶1 This boundary dispute case raises a single issue concerning the application of the doctrine of boundary by acquiescence: must the claimant show active use of the land on both sides of a disputed boundary to satisfy the occupation
1. The Honorable Russell W. Bench, Senior Judge, sat by special assignment as authorized by law. See generally Utah Code Jud. Admin. R. 11-201(6).
Anderson v.... More...
   $0 (06-26-2014 - UT)

Idaho Military Historical Society, Inc. v. Holbrook Maslen and Aeroplanes Over Idaho, Inc.

This is an appeal from the district court’s order of attorney fees against the defendants, Aeroplanes Over Idaho (“AOI”) and Holbrook Maslen (“Defendants”), in a dispute arising from the claim of lien filed by AOI on a PT-23 Fairchild airplane (“Fairchild”) owned by the Idaho
Aviation Hall of Fame (“IAHOF”) and transferred to the Idaho Military Historical Society (“IMHS”)... More...
   $0 (06-17-2014 - ID)

Andy Inman v. Jennie Shell, Full Blood Cherokee Roll No. 27189, et al.

Andy Inman v. Jennie Shell, Full Blood Cherokee Roll No. 27189, et al.

Issue # 1.
Issue: QUIET TITLE (QUIET)
Filed by: INMAN, ANDY
Filed Date: 04/11/2014
Party Name: Disposition Information:

Plaintiff: INMAN, ANDY
Disposed: JUDGEMENT ENTERED, 06/10/2014. Judge.

Plaintiff: INMAN, DALANA
Disposed: JUDGEMENT ENTERED, 06/10/2014. Judge.
... More...
   $0 (06-10-2014 - OK)

Saeed Keshtgar v. U.S. Bank, N.A.

Plaintiff obtained a loan secured by a deed of trust on real property. The loan is in default. He brings this action against the bank, as trustee of a mortgage trust, to prevent the bank from initiating foreclosure proceedings. An insuperable barrier stands in his way, California's nonjudicial foreclosure statutes. Gomes v. Countrywide Home Loans, Inc. (2011) 192 Cal.App.4th 1149, explains why act... More...   $0 (06-09-2014 - CA)

Bridgett Henties v. James Schweppe, Administrator for the Estate of Michael L. Henties, Deceased, and Trustee of the Michael L. Henties Estate Trust

The disputed issue in this appeal is the ownership of a piece of real property (the Property) located in Comal County, Texas. After James Schweppe, as administrator of the Estate of Michael L. Henties and as trustee of the Michael L. Henties Estate Trust (the Estate), filed a notice of lis pendens giving notice of a potential dispute over ownership of the Property, Bridgett Henties filed suit in d... More...   $0 (06-03-2014 - TX)

Sandra K. McBeth v. Jack Blake Fletcher, Jr., et al.

SANDRA K. MCBETH, CHAPTER 7 TRUSTEE OF THE BANKRUPTCY ESTATE OF ROBERT GWEN LESLIE AND MARILYN BEVERLY LESLIE, PLAINTIFF, VS. JACK BLAKE FLETCHER, JR., MARY ALICE FLETCHER, MARY MARGARET STARR, REX EARL STARR, THE HEIRS, EXECUTORS, ADMINISTRATORS, DEVISEES, TRUSTEES, AND ASSIGNS OF ELSIE VANN, DECEASED, THE KNOWN AND UNKNOWN HEIRS AND SUCCESSORS OF ANDREW VANN AND BEARPAW VANN, LEON CAR... More...   $0 (05-20-2014 - OK)

Douglas C. Dillion and Molly R. Dillon v. Southern Management Corporation Retirement Trust, et al.

¶ 1 Southern Management Corporation Retirement Trust (SMCRT) seeks review of the district court’s grant of summary
* The court has added ¶ 61 and altered ¶ 62 to address appellees’ request for attorney fees on appeal.
DILLON v. SOUTHERN MANAGEMENT
Opinion of the Court
judgment in favor of Douglas C. and Molly R. Dillon. The district court determined that the trust deed encum... More...
   $0 (05-13-2014 - UT)

Maureen Desaulles v. Community Hospital of the Monterey Peninsula

Dismissal of a civil complaint is said to be voluntary when requested by the plaintiff and involuntary when ordered by the court. A dismissal may be partial, as in this case, where plaintiff Maureen deSaulles (Employee) agreed to dismiss two of her seven causes of action with prejudice in exchange for a payment of $23,500 from defendant Community Hospital of the Monterey Peninsula (Employer). A ci... More...   $0 (05-02-2014 - CA)

Henry Gilbert Ayala and Chesapeake Exploration, LLC v. Natividad A. Soto

Chesapeake Exploration, L.L.C. and Henry Gilbert Ayala appeal the trial court’s grant of summary judgment in favor of Natividad A. Soto. We reverse the trial court’s judgment, render judgment that Soto take nothing against Chesapeake, and remand the cause for further proceedings consistent with this opinion.

04-12-00860-CV

BACKGROUND

Soto is a seventy-five year-old man who... More...
   $0 (04-27-2014 - TX)

Linda Hopkins v. Jerek Kedzierski

In May 2008, Linda Hopkins fell from an outdoor balcony at the offices of her employer, Perfect Smile Dental Ceramics, Inc. (Perfect Smile). As a result of the injuries 2 she suffered in the fall, she was unable to work. Jurek Kedzierski (Jurek) and Margo Kedzierski (Margo) own Perfect Smile and also own the office building in which Perfect Smile is located.1 Shortly after her accident, Hopkins be... More...   $0 (04-16-2014 - CA)

JDW-CM, LLC v. Clark LHS, LLC

¶1 JDW-CM, LLC (Plaintiff) appeals from an order granting
summary judgment in favor of Clark LHS, LLC. We affirm.
JDW-CM, LLC v. Clark LHS, LLC
2. “[W]hen reviewing a grant of summary judgment, we recite the
disputed facts in a light most favorable to the nonmoving party.”
Begaye v. Big D Constr. Corp., 2008 UT 4, ¶ 5, 178 P.3d 343.
20110708-CA 2 2014 UT App 70
BA... More...
   $0 (03-27-2014 - UT)

JDW-CM, L.L.C. v. Clark LHS, L.L.C.

¶1 JDW-CM, LLC (Plaintiff) appeals from an order granting summary judgment in favor of Clark LHS, LLC. We affirm. JDW-CM, LLC v. Clark LHS, LLC

2. “[W]hen reviewing a grant of summary judgment, we recite the disputed facts in a light most favorable to the nonmoving party.” Begaye v. Big D Constr. Corp., 2008 UT 4, ¶ 5, 178 P.3d 343. 20110708-CA 2 2014 UT App 70

BACKGROUND
More...
   $0 (03-27-2014 - UT)

Martha Alice Overstreet Kail v. Kathleen Dunnam Knudeson

¶1 Plaintiff/Appellant, Martha Alice Overstreet Kail, appeals from the trial court's judgment (1) denying Plaintiff's petition to set aside or reform a deed and (2) quieting title to the subject real property in Plaintiff and the Third Party Plaintiffs as tenants in common. For the reasons set forth below, we affirm.

¶2 Plaintiff, who resides in New Hampshire, is the daughter of Geneva ... More...
   $0 (03-26-2014 - OK)

BMBT, LLC v. Christopher L. Miller

¶1 BMBT, LLC challenges the trial court’s ruling granting
Defendants’ rule 12(b)(6) motion to dismiss for failure to state a
claim. See Utah R. Civ. P. 12(b)(6). We affirm.
¶2 On December 1, 2003, Defendants Christopher L. Miller and
Gae O. Miller executed a promissory note (the Note) in favor of
BMBT, LLC v. Miller
1. Both the Deed and the Note were recorded in Utah ... More...
   $0 (03-20-2014 - UT)

Robert M. Garst, Jr v. Larry J. Reagan, Amy L. Reagan, Jerry A. Phipps, and Mickie A. Phipps

Robert M. Garst, Jr., appeals the district court’s order granting summary judgment in favor of Larry J. Reagan, Amy L. Reagan, Jerry A. Phipps, and Mickie A. Phipps on Garst’s claims against Amy Reagan for negligence, breach of fiduciary duty, and fraud by nondisclosure, as well as his claims against all four appellees for cloud on title. Garst also challenges the trial court’s denial of his... More...   $0 (03-06-2014 - TX)

The Courtnery C. and Lucy Patten Davis Foundation and Amy Davis v. Colorado State University Research Foundation

[¶1] In 1997, the Courtenay C. Davis Foundation (“the Davis Foundation”) and Amy Davis (collectively “the Davis Interests”) entered into an agreement with the Colorado State University Research Foundation and the University of Wyoming Foundation (“the University Foundations”). Through that agreement, the Davis Interests gifted land and other interests to the University Foundations, su... More...   $0 (03-05-2014 - WY)

Larry Benge, et al. v. Raintree Estates I, Inc., et al.

Larry Benge, Nancy Graham, DaleAtherton, Terry Atherton, Gregory Agee, Wayne Duncan sued Raintree Estates I, Inc., Steve Meyer, Rayan Corley, David Axworthy, Betty Weaver and Dee Copeland on quo warranto, failure to comply with rules and by laws, breach of fiduciary duty, negligence, injunctive relief, declaratroy relief, accounting, conversion, intentional infliction of emotional relief, civil co... More...   $0 (02-24-2014 - OK)

Powder Run at Deer Valley Owner Association v. Black Diamond Lodge at Deer Valley Association of Unit Owners and Park City Municipal Corporation

¶1 This case involves a challenge to the dedication of an
easement as a public street in Park City. The easement crosses
Powder Run v. Black Diamond
2. In reviewing the district court’s grant of summary judgment, we
view the facts and all reasonable inferences drawn therefrom in the
light most favorable to Powder Run, the nonmoving party. Orvis
v. Johnson, 2008 UT 2, ¶ ... More...
   $0 (02-21-2014 - UT)

Jack M. Peterson v. Lester Jasmanka

[¶1] Monica Clark, as the personal representative of the estate of Lester Jasmanka, appeals from a district court order denying her motion to vacate a 1990 default judgment quieting title to certain mineral interests in Jack and Eugene Peterson. We affirm, concluding (1) the 1990 judgment was not void and therefore could not be vacated under N.D.R.Civ.P. 60(b)(4), and (2) the motion to vacate the... More...   $0 (02-21-2014 - ND)

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