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Abatement Law
 
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)

State of Nebraska v. Felix Arizola

On June 18, 2014, at approximately 11:46 p.m., Officer Joseph Villamonte of the Lincoln Police Department observed
a vehicle driving westbound in the 3600 block of Adams Street. Villamonte ran the license plate number through the police department’s information system to check for suspension or warrants. The license plate was registered to Arizola, who had been cited while driving the vehicle ... More...
   $0 (01-10-2017 - NE)

State of Nebraska v. Dustin Chauncey

On July 11, 2008, police officers responding to a call to a house in Gering, Nebraska, found the body of 2-year-old Juliette Geurts. Juliette had lived in the house with her twin sister, Jaelyn Geurts; their mother, Charyse Geurts; and Chauncey, who was Charyse’s boyfriend. Charyse’s ex-boyfriend, Brandon Townsend, also lived in the house. When the first police officer entered the house, she saw C... More...   $0 (01-10-2017 - NE)

John Robert Coulter v. The State of Texas Sex Offender

Appellant was charged with the aggravated sexual assault of a three-year-old
child. His case was called to trial on December 9, 2014. At trial, the State filed a
motion requesting that the child, who was five years old by the time of trial, be
allowed to testify via closed-circuit television. After a hearing regarding the effect
that testifying before appellant would have on... More...
   $0 (12-19-2016 - TX)

Clarence G. Fisher, Jr. v. The State of Texas

Appellant sought to appeal his conviction for aggravated assault with a
deadly weapon. See Tex. Penal Code Ann. § 22.02(a)(2) (West 2011). On
October 25, 2016, Appellant’s counsel filed a motion for permanent abatement
informing us that Appellant passed away on September 16, 2016. On November
12, 2016, Appellant’s counsel filed a letter from the Texas Department of
Crim... More...
   $0 (12-10-2016 - TX)

KEN LAUBENSTEIN and BILLIE WALLACE v. BODE TOWER, L.L.C.,

BoDe Tower is an Oklahoma limited liability company which owns a tract of land in the Gooseneck Bend area of Muskogee County. The property lies less than three miles outside of the City of Muskogee near a sharp meander in the Arkansas River. In 2009, BoDe Tower began the process of securing authorization from state and federal officials for the construction of a telecommunications tower on the tra... More...   $0 (12-08-2016 - OK)

State of Nebraska v. Rosario Betancourt-Garcia

On November 15, 2003, officers of the Madison Police
Department responded to a call and found a young man who
had been bound and gagged. After the young man related that
Betancourt had kidnapped him, the Madison Police Department
conducted an immediate search for Betancourt, but did not
find him.
On November 17, 2003, the Madison County Court issued
warrants for the arr... More...
   $0 (12-07-2016 - NE)

James Euldy Serrell, III v. The State of Texas

On September 22, 2016, we abated this appeal. In our abatement order,
we explained that the trial court’s original certification of appellant’s right to
appeal was incorrect because it stated that he had not entered into a plea 1See Tex. R. App. P. 47.4.
2
bargain. We further explained that appellant had entered into a plea bar... More...
   $0 (11-29-2016 - TX)

Marcos Daniel Jimenez v. The State of Texas

On April 5, 2013, friends Angela Mendoza and Christopher Burnett met at a
carwash in La Marque, Texas around 11:00 p.m. to talk and catch up. Mendoza
was driving a green Chevrolet Avalanche and Burnett was driving a white
Chevrolet Malibu. Once they both arrived at the car wash, Mendoza got out of her
Avalanche and into Burnett’s Malibu. Mendoza sat in the passenger seat while ... More...
   $0 (11-14-2016 - TX)

United States of America v. Isaac Cole

Seattle, WA - Owner and Operator of Asbestos Removal Training Course Pleads Guilty to Providing False Certifications -
Defendant Admits He Provided Certifications for those who Never Took Course

The owner of a company that provided federally-mandated training for construction firms working with asbestos pleaded guilty to falsifying documents as part of a scheme to violate the Asbesto... More...
   $0 (10-16-2016 - WA)

John Charles Terry v. The State of Texas

Appellant John Charles Terry was convicted of driving while intoxicated and
sentenced to ten days in jail. His counsel filed a notice of appeal but did not timely file a brief. This
Court abated the appeal and remanded to the trial court for a hearing to determine why counsel had
not filed a brief. Tex. R. App. P. 38.8(b)(2), (3).
At the hearing, counsel introduced three documen... More...
   $0 (09-14-2016 - TX)

Devin Keith Cutler v. The State of Texas

On November 9, 2015, a jury found Appellant guilty of the offense of DWI
Misdemeanor Repetition, and the trial court assessed his punishment at 180
days’ confinement in the Tarrant County Jail and a fine of $500. The trial court
suspended Appellant’s sentence and placed him on community supervision for
twenty-four months. On the same date, November 9, 2015, Appellant filed a <... More...
   $0 (09-12-2016 - TX)

State of Nebraska v. Tracy N. Parnell

On October 30, 2012, at around 8:14 p.m., Eriana Carr and Nakia Johnson were shot outside of Carr’s residence in Omaha, Nebraska. Carr was shot twice and died from her injuries. Johnson was shot 11 times and survived. Johnson told investigators that the shots came from “a blue Nissan Altima with a messed up front bumper.” She did not see the shooter.
2. Threat
During a pretrial hearing, Jo... More...
   $0 (09-01-2016 - NE)

United States of America v. Paul Walker

Indianapolis, IN - Indianapolis contractor prosecuted for illegal asbestos removal

Paul Walker, 56, Indianapolis was prosecuted in federal court for illegally removing asbestos from an inhabited apartment building. Walker was charged with negligent endangerment under the federal Clean Air Act. He pleaded guilty and was sentenced by U.S. Magistrate Judge Debra McVicker Lynch to four mont... More...
   $20000 (08-15-2016 - IN)

Luis Ruiz Sierra v. The State of Texas

One night, after consuming drugs and alcohol, appellant Luis Ruiz Sierra
entered the complainant’s apartment while she was out to walk her dogs. He later
claimed that he blacked out after taking a pill from a friend. Sierra hid in the
shower but left the bathroom light on. Upon discovering Sierra, the complainant
screamed, and he choked her until she passed out. Sierra removed ... More...
   $0 (08-07-2016 - TX)

Ryan Ray Howard v. The State of Texas

Ryan Ray Howard (appellant) appeals his two convictions for injury to a child.
The posture of his appeal is rather odd. He does not contend that the trial court erred in
any particular respect. Rather, his sole issue is whether “appellant [is] entitled to
abatement and remand for a hearing on his motion for new trial?”1 We answer “no.”
Again, appellant does not argue that ... More...
   $0 (08-06-2016 - TX)

Romeo Longoria, et al. v. Exxon Mobil Corporation, et al.

In the underlying lawsuit, appellants claim that their ancestor, Jose M. Longoria, acquired
an undivided one-half interest in 9,200 acres of land in Brooks County, Texas, in the 1800s. In
their petition, appellants allege that Longoria’s ownership interest was not recognized in subsequent conveyances and judgments. Appellants further allege that the defendants,2 who either
hold or h... More...
   $0 (08-02-2016 - TX)

STATE OF CONNECTICUT v. DONALD SATURNO

The defendant, Donald Saturno, appeals from the judgments of conviction rendered by the trial court following his conditional pleas of nolo contendere, pursuant to General Statutes § 54-94a,1 to onecountofmanufacturingabombinviolationofGeneral Statutes § 53-80a and one count of possession of child pornography in the first degree in violation of General Statutes § 53a-196d (a) (1). The defendant en... More...   $0 (07-15-2016 - CT)

RSL FUNDING, LLC v. CHEVEZE D. PIPPINS, DANIEL P. MORRIS, DONNA M. O'BRIEN, METROPOLITAN LIFE INSURANCE COMPANY, METLIFE INSURANCE COMPANY OF CONNECTICUT AND METLIFE INVESTORS USA INSURANCE CO.

The trial court and appellate decisions underlying this interlocutory appeal predate, but
implicate, our decision in Kennedy Hodges, L.L.P. v. Gobellan, 433 S.W.3d 542 (Tex. 2014). There
we said that “a party who litigate[s] one claim with an opponent d[oes] not substantially invoke the
litigation process for a related yet distinct claim against another party with whom it had an arbit... More...
   $0 (07-02-2016 - TX)

Stephen Lars Morris v. The State of Texas

On April 13, 2013, Morris visited Edna Blair at her apartment. Blair
testified during the sentencing hearing that she had ended her relationship with
Morris the day before, and Morris was angry that she did not want to resume the
relationship. She testified that Morris had been packing his things in the bedroom
as she stood at her front door on the phone when Morris rushed ou... More...
   $0 (06-23-2016 - TX)

TIGER v. VERDIGRIS VALLEY ELECTRIC COOPERATIVE


On January 9, 2008, a field engineer for Verdigris Valley Electric Cooperative (Employer) met with a contract electrician for Integrated Service Company LLC (INSERV) in Catoosa, Oklahoma, concerning the installation of additional underground electrical service. They discussed the location of the additional service to the building and decided to use an existing junction box which the engineer ... More...
   $0 (06-23-2016 - Ok)

Misty Darlene Tiger v. Verdigris Valley Electric Cooperative

¶1 The issue in this matter is whether summary judgment was properly granted to decedent's employer pursuant to Parret v. UNICCO Service Co., 2005 OK 54, 127 P.3d 572. Because material issues of fact remain in dispute, this cause must be remanded to the trial court for proceedings consistent with this opinion.

FACTS AND PROCEDURAL HISTORY

¶2 On January 9, 2008, a field engineer f... More...
   $0 (06-21-2016 - OK)

STATE OF NEW JERSEY VS. MOHAMMAD AZMAT

Defendant Mohammad Azmat appeals from a July 30, 2014 Law
Division order, following de novo review of his municipal court
conviction for failure to maintain trees in violation of
Franklin Township, Maintenance of Trees and Shrubs Ordinance §
222.17 (Ordinance § 222.17). After careful review of the record
June 13, 2016
A-0296-14T3 2
in light of the issues raised,... More...
   $0 (06-13-2016 - NJ)

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