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Abatement Law
 
Orange County Water District v. Sabic Innovative Plastics US, LLC

The Orange County Water District (District) was created by the California
Legislature to protect and manage groundwater supplies within its territory, which covers
most of Orange County, California. The District and other regulatory agencies have long
been aware of localized groundwater contamination caused by hazardous substance
releases at various sites in the so-called "South Ba... More...
   $0 (08-07-2017 - CA)

In re Volkwagen Clean Diesel Litigation: Texas Clean Air Act Enforcement Cases

This appeal presents issues concerning State and local-government enforcement of
the Texas Clean Air Act (TCAA).1 Appellant, the State of Texas, and a number of Texas counties
filed the underlying TCAA-enforcement lawsuits in various counties across Texas against the
German automaker Volkswagen2 after Volkswagen admitted that it had installed emissions “defeat
devices” on certain o... More...
   $0 (08-01-2017 - TX)

The State of Texas v. Brandom Garrett Third Court of Appeals, Austin, Texas

In each of the above causes, the State of Texas has filed a notice of appeal from the
trial court’s order granting Brandom Garrett’s motion to suppress evidence. Prior to filing its notice
of appeal, the State filed with the trial court a request for findings of fact and conclusions of law.
The State subsequently filed with the trial court a supplemental request for findings of fact ... More...
   $0 (07-17-2017 - TX)

Petrina Lewin and Trenton Lewin, Jr. v. Mission Bend No. 5 Homeowners Association, Inc.

Mission Bend No. 5 Homeowners Association, Inc. sued property owners Petrina and Trenton Lewin for unpaid annual assessments and other fees.1 After suit was filed, the Lewins made a payment to the Association. To seek the remaining balance it felt was owed on the Lewins’ account, the Association filed a
1 Petrina and Trenton Lewin are siblings. The property they own together was gifted to them... More...
   $0 (07-14-2017 - TX)

Jarvis Lamont Carnell v. The State of Texas First Court of Appeals - Texas Courts

Appellant, Jarvis Lamont Carnell, was charged with misdemeanor assault of
a person with whom he had a dating relationship.1 He was tried and convicted by a
jury. The trial court entered judgment in accordance with the jury’s verdict and
sentenced Carnell to 240 days’ confinement in county jail. Carnell filed a notice of
appeal.
On August 26, 2016, Carnell filed his appella... More...
   $0 (07-14-2017 - TX)

Robert H. Dodd Sr. v. Evergreen National Construction, LLCq

Robert H. Dodd, Sr. has filed a notice of appeal of the trial court’s temporary
injunction that enjoins him from attempting to evict appellee and real party in
interest, Evergreen National Construction, LLC, from property located at 5814 John
Martin Road, Baytown, Texas (the “John Martin Property”). In two issues, Dodd
contends that the trial court erred in granting the injunction ... More...
   $0 (06-23-2017 - TX)

The Rossdale Group, LLC v. Timothy Walton

INTRODUCTION
We are asked in this appeal to reverse a dismissal of a malicious prosecution
lawsuit. Defendant and respondent Timothy Walton (Walton) asked the trial court to
dismiss the case for lack of standing and lack of jurisdiction because the named plaintiff,
The Rossdale Group, LLC, was only a fictitious business name and the entity to which
that name was registered was ... More...
   $0 (06-16-2017 - CA)

Williams and Fickett v. County of Fresno

As a general rule, a party must exhaust available administrative remedies as
a prerequisite to seeking relief in the courts. “In the property tax context,
application of the exhaustion principle means that a taxpayer ordinarily may not
file or pursue a court action for a tax refund without first applying to the local
board of equalization for assessment reduction under [Revenue and... More...
   $0 (06-07-2017 - CA)

Zachary Cozart a/k/a Zachery Cozart a/k/a Zack Cozar v. State of Mississippi

On July 1, 2010, twenty-one-month-old Ethan Connor was pronounced dead at Le
Bonheur Children’s Hospital in Memphis, Tennessee. Shortly after his passing, Zachary
Cozart–Ethan’s mother’s paramour–was indicted in DeSoto County on charges of capital
murder and felonious child abuse.1
¶4. Prior to trial, Cozart entered an Alford plea2 of guilty to the reduced charge of
manslaug... More...
   $0 (06-05-2017 - MS)

California Fair Plan Association v. Garnes

In 2011, Marlene Garnes’s family home in Richmond, California was seriously
damaged by a kitchen fire. She had purchased a fire insurance policy for the property,
with a policy limit of $425,000 (the Policy), from California FAIR Plan Association
(FAIR), California’s insurer of last resort. The dispute in this case and the issue on
appeal is how much coverage Garnes is entitled to ... More...
   $0 (05-27-2017 - CA)

State of Nebraska v. Judson L. Sack Nebraska Court of Appeals

In June 2016, Sack was charged by information with theft by shoplifting ($500 or less), third offense, a Class IV felony. The offense occurred on March 5, 2016, after the effective date of 2015 Neb. Laws, L.B. 605, which changed the grading of theft. Sack filed a plea in abatement, arguing that his two prior convictions occurred before L.B. 605 modified the maximum value of theft from $200 to $500... More...   $0 (05-26-2017 - NE)

United States of America v. Willmax Capital Management, Inc. and John Tom Williams Federal Courthouse - Denver, Colorado

Denver, CO - Willmax Capital Management, Inc. and a Senior Corporate Manager Sentenced for Charges Related to Illegal Asbestos Release

Willmax Capital Management, Inc. (Willmax Capital) and a senior corporate manager John Tom Williams, age 58, of Dallas, Texas, were sentenced for crimes related to an illegal release of asbestos during a renovation project at a Willmax Capital-managed resi... More...
   $0 (05-19-2017 - CO)

Landon Omodia v. The State of Texas Court of Appeals First District

Without agreed punishments recommendations from the State, appellant,
Landon Omodia, pleaded guilty to three separate felony offenses of aggravated
robbery with a deadly weapon1 in trial court cause numbers 1394248, 1394249, and
1398656, and the state-jail-felony offense of criminally negligent homicide2 in trial
court cause number 1418622. The trial court accepted appellant’s... More...
   $0 (05-19-2017 - TX)

Rahmatullah Basha Syed v. Khadija Masihuddin

Appellant, Rahmatullah Basha Syed, appeals the trial court’s final decree of divorce terminating his marriage to appellee, Khadija Masihuddin. In three issues, Syed challenges the portion of the trial court’s decree finding that deviating from the standard possession order was in his minor children’s best interest and ordering
2
that he have possession of or access to the children on the S... More...
   $0 (05-18-2017 - TX)

Employee Solutions McKinney, L.L.C. v. Michael Wilkerson

In this interlocutory appeal, appellants Employee Solutions McKinney, LLC, ESI/Employee Solutions, L.P., and ESI General, LLC challenge two trial court orders denying motions to compel arbitration. Because the arbitration agreement at issue delegated questions of arbitrability to the arbitrator, we reverse the trial court’s orders denying the motions to compel and remand this case to the trial cou... More...   $0 (05-15-2017 - TX)

State of Ohio v. Renisha C. Arrington Ohio Sixth District Court of Appeals

The facts of this case are as follows. On December 18, 2015, a complaint
was filed in Sandusky County Municipal Court charging appellee with identity fraud. A
warrant was issued and appellee was arrested on the same date. Appellee was discharged
from custody on December 23, 2015. On that date, appellee executed a speedy trial
waiver.
{¶ 3} On February 24, 2016, appell... More...
   $0 (05-13-2017 - OH)

State of Ohio v. Adrian Hall Ohio Sixth District Court of Appeals

On July 3, 2015, appellant was captured on surveillance video breaking into
a salon and a popcorn shop. Both businesses reported he stole cash and damaged
property.

{¶ 4} On September 30, 2015, appellant was indicted on two counts of breaking
and entering in violation of R.C. 2911.13(A), felonies of the fifth degree; two counts of
theft in violation of R.C. 2913.02(A... More...
   $0 (05-13-2017 - OH)

James Raymond Clary, as Personal Representative v. City of Crescent City

John Diehl, while a resident of Washington State, owned eight vacant lots in
Crescent City, California (City).
1
Diehl appeals from the superior court‘s denial of his
petition for a writ of administrative mandate, brought under Code of Civil Procedure
section 1094.5. Diehl‘s writ petition challenged the City‘s determinations that the
overgrown weeds and rubbish on his lots... More...
   $0 (05-02-2017 - )

Noreen Passmore and Clifford Passmore v. James W. McCarver, M.D., et al.

¶1 The superior court dismissed appellants’ medical malpractice
action without prejudice for failure to serve preliminary expert affidavits
under A.R.S. § 12-2603. Appellants then sought to refile the action under
Arizona’s “savings statute,” A.R.S. § 12-504, but the court found that relief
was not available under that statute and dismissed the claims with
prejudice. We affirm.... More...
   $0 (04-06-2017 - AZ)

Long Canyon Phase II and III Homeowners Association, Inc. v. Chris Cashion and Lisa Cashion

Long Canyon Phase II and III Homeowners Association, Inc. (“the HOA”) appeals
from an interlocutory order denying its motion to dismiss a suit by Chris and Lisa Cashion. The
parties have for several years disputed whether the Cashions’ alleged landscaping activities in a
drainage easement violate the HOA’s rules. After the HOA sent the Cashions a notice of intent to
sue for non-com... More...
   $0 (03-12-2017 - T)

Josephine Douglas-Peters v. Cho, Choe & Holden, P.C.

Josephine Douglas-Peters1 appeals the trial court’s final judgment in favor of Forest Law, P.C. d/b/a Cho, Choe & Holen, P.C.,2 as assignee of Choe, Holen, Yoo & Burchfiel, P.C.,3 on its claim against Douglas-Peters for breach of a legal representation retainer agreement and awarding it $90,453.21 in damages. Douglas-Peters raises four issues on appeal, arguing: (1) the evidence is legally and fac... More...   $0 (03-03-2017 - TX)

Kenneth A. Thomas v. Wasco County

Petitioner Kenneth Thomas appeals from judgments
of the circuit court dismissing his petition for a writ
of review and his second amended complaint seeking a
declaratory judgment.1 The proceedings arise out of petitioner’s
objections to an order of the Wasco County Board
of Commissioners granting a permit for an “outdoor mass
gathering” to petitioner’s neighbor. ORS 433.750... More...
   $0 (03-01-2017 - OR)

Gerald H. Phipps, Inc. v. Travelers Property Casualty Company of America, Inc.

After water damaged a building it was renovating, Gerald H. Phipps, Inc.,
d/b/a GH Phipps Construction Company, (“GHP”) sought coverage under its
builders’ risk insurance policy. GHP’s insurer, Travelers Property Casualty Company
of America (“Travelers”), denied the claim, and GHP sued for breach of contract,
common law bad faith, and statutory bad faith. GHP also sought a declarat... More...
   $0 (02-17-2017 - CO)

James Brand v. Shaunte Degrate-Greer

This case involves a landlord-tenant dispute. In eight issues, Appellant
James Brand appeals the judgment rendered by the trial court in the suit brought
against him by his former tenant, Appellee Shaunte Degrate-Greer (Degrate-
Greer), for breach of contract and for violations of the property code. Because
we hold that Brand was legally entitled to withhold $129 of Degrate-Greer’s... More...
   $0 (02-09-2017 - TX)

Andre-Marco Nmn McIntosh v. The State of Texas

In two indictments and two judgments, Andre-Marco McIntosh was charged and
convicted of Continuous Sexual Abuse of a Child. See TEX. PENAL CODE ANN. § 21.02
(West 2011). He pled guilty, without the benefit of a plea bargain, to both charges and
punishment evidence was presented in one hearing before the trial court. McIntosh was
sentenced to life in prison for each offense a... More...
   $0 (01-19-2017 - TX)

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