| Auctioneer Law |
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Jason Jenkins v. Occidental Chemical Corporation
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Jason Jenkins brought this action against Occidental Chemical Corporation after an acid addition machine designed by Occidental sprayed acid in Jenkins’s face, rendering him partially blind. The jury found for Jenkins on liability and damages, but the trial court entered judgment in Occidental’s favor based on two statutes of repose.1 In two issues, Jenkins argues that the trial court erred in... More... $0 (02-14-2013 - TX)
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Marvin Hansford v. Silver Lake Heights, LLC
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Marvin Hansford was named and served as a defendant in a real property partition action in Shawnee County. Although he did not respond to the partition petition and failed to claim that he was the sole owner of any of the legally described property, he later sought to establish a claim to a portion of the partitioned land against its purchaser. The district court granted the purchaser's motion fo... More... $0 (07-13-2012 - KS)
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Betty Horne v. Miami-Dade County, Florida
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Mrs. Betty Horne appeals an adverse final summary judgment in two consolidated circuit court cases. In the first, she and her late husband sued appellees Miami-Dade County and Metropolitan Homes LLC to vacate a tax certificate sale of the Hornes’ Miami Lakes home of 37 years. In the second, appellee Metropolitan (purchaser of the home at the tax deed sale for a fraction of its then-assessed valu... More... $0 (05-09-2012 - FL)
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Disability Advocates Inc., v. New York Coalition for Quality Assisted Living, Inc.
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Appeal from a March 1, 2010 judgment and remedial order of the United States District Court for the Eastern District of New York (Nicholas G. Garaufis, Judge). The District Court ordered the Governor of the State of New York and various state commissioners and agencies (the “State”) to make certain modifications to the State’s mental health system to ensure compliance with 28 C.F.R. § 35.1... More... $0 (04-06-2012 - NY)
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Lamona E. Angel v. Richard Charles Angel
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Mr. Richard C. Angel appeals from the trial court‟s judgment dissolving his marriage to Ms. Lamona E. Angel and awarding Ms. Angel maintenance. He argues that Ms. Angel failed to meet the threshold factors for an award of maintenance under section 452.335.1 We affirm.
Factual and Procedural Background
The Angels married in 1985. During the marriage, the parties operated a numb... More... $0 (11-22-2011 - MO)
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William Ray Costello v. City of Burlington
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Plaintiff William Ray Costello, pro se, alleged that
23 his First Amendment right to free speech was violated when
24 Defendant Sgt. John Lewis of the Burlington Police
25 Department issued Costello a written warning pursuant to a
26 city noise control ordinance that prohibits “any person to
27 make or cause to be made any loud or unreasonable noise.”
3
1 Burlington... More... $0 (02-14-2011 - VT)
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Gulf Coast Waste Disposal Authority v. Four Seasons Equipment, Inc.
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In this interlocutory appeal, Gulf Coast Waste Disposal Authority (“Gulf Coast”), a political subdivision of the State, appeals the trial court’s denial of its plea to the jurisdiction, asserting that it has immunity from suit. The underlying dispute arises from a commercial transaction in which Gulf Coast acquired a crane from Four Seasons Equipment, Inc. (“Four Seasons”) through an In... More... $0 (06-24-2010 - TX)
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Rayfield Investment Company v. Howard Kreps
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Opposing creditors clash over security interests in a painting found in the inventory of a failed art gallery. One creditor is its operating capital lender claiming a perfected security interest in all its inventory. The other is a consignor who placed a painting with the gallery for sale but without perfecting his interest in the consigned goods. Concluding that the governing statutes for securit... More... $0 (05-05-2010 - FL)
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Richard Hopp v. City of Los Angeles
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A municipal ordinance requires a police permit for persons in “the business of buying, selling, exchanging or otherwise dealing in secondhand books.” A hobbyist who collects secondhand books for his personal use—and not for resale—has brought a lawsuit for declaratory relief, challenging the municipality’s claim that he must obtain a police permit for his collecting activities. The trial... More... $0 (04-07-2010 - CA)
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Carole M. Fagnani v. Jeffrey B. Bisher
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This case involves a foreclosure sale at which appellant Ricardo Fagnani’s brother, Ronald Fagnani, bought the interest of appellant and his wife, appellant Carole Fagnani, in the house the two Fagnani brothers had owned with, and then inherited from, their mother.
The Circuit Court for Montgomery County overruled appellants’ exceptions to the sale and ratified it. The appellants appeal... More... $0 (02-03-2010 - MD)
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Edward A. Green v. Wilderness Ridge, L.L.C.
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This case presents the court with a little utilized area of the law—private condemnation. The plaintiffs seek further review of a district court order granting the defendant’s action for private condemnation and selecting the defendant’s proposed route of condemnation. While not disputing the need for private condemnation, the plaintiffs challenge the selection of the route, asserting that t... More... $0 (01-08-2010 - IA)
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Larry W. Garner v. Marcia F. Lambert
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Petitioner Larry Garner, an Ohio firearms auctioneer, seeks reversal of the Bureau of Alcohol, Tobacco, Firearms, and Explosives’s (ATF) revocation of his federal firearms license (FFL). Garner filed a petition for review with the Northern District of Ohio, which granted summary judgment for respondent Marcia Lambert, the Director of Industry Operations for the ATF’s Columbus Field Division. G... More... $0 (09-01-2009 - OH)
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Frank Keathley, Individually and doing business as Top Shelf Antiques (hereafter referred to as Keathley) appeals a trial court's summary judgments in favor of J.J. Investment Company, L.T.D. (hereafter referred to as J.J. Investment), the Michael W. Jordan Dynasty Trust, the J. Dale Jordan Dynasty Trust, the Sonny Joe Roberts Dynasty Trust, Jack Dale Jordan and Michael W. Jordan (collectively ref... More... $0 (07-09-2009 - TX)
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Frank Keathley, Individually, and d/b/a Top Shelf Antiques v. J. J. Investment Company, L.T.D.
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Frank Keathley, Individually and doing business as Top Shelf Antiques (hereafter referred to as Keathley) appeals a trial court's summary judgments in favor of J.J. Investment Company, L.T.D. (hereafter referred to as J.J. Investment), the Michael W. Jordan Dynasty Trust, the J. Dale Jordan Dynasty Trust, the Sonny Joe Roberts Dynasty Trust, Jack Dale Jordan and Michael W. Jordan (collectively ref... More... $0 (07-09-2009 - TX)
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Ross Featherston v. Tom Keilman & Son Auctioneers, Inc.
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Ross Featherston appeals from a jury verdict on several claims he brought against Tom Keilman & Son Auctioneers, Inc. ("Keilman & Son"), Bud Keilman, Tom Keilman (collectively, "the Keilmans"), and Robert N. Weller. Featherston purchased a historical pistol at a Keilman & Son auction. When the pistol's authenticity proved less certain than advertised, he asked the Keilmans to return his money. The... More... $0 (07-03-2009 - TX)
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Excel Bank v. National Bank of Kansas City d/b/a Great American Acceptance Company
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Excel Bank ("Excel") appeals from a summary judgment in favor of National Bank of Kansas City d/b/a Great American Acceptance Company ("GAAC") on Excel's replevin action concerning eighteen vehicles that GAAC seized from a used car dealer, Miles Truck and Auto ("Miles"). For the following reasons, we affirm.
The underlying facts are undisputed. On March 5, 2004, GAAC advanced money to Miles... More... $0 (06-30-2009 - MO)
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Deborah Holden v. Guido R. Salvadore
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In light of the current foreclosure crisis in this state and across the country, we are not surprised that we must consider an appeal presented by a homeowner faced with very difficult financial circumstances whose home was threatened by foreclosure proceedings. We do so with empathy for those who have found themselves in that unhappy position. This case came before the Supreme Court on December 9... More... $0 (03-12-2009 - RI)
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Seyed Mehran Mirjafari v. Edwards S. Cohn, et al.
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This appeal arises from a foreclosure sale of real property. On December 13, 2007, after four days of hearings, the Circuit Court for Harford County entered an order overruling the appellants’ exceptions and ratifying the auction sale of appellants’ property, which occurred on February 15, 2007. The appellants filed a motion to alter or amend judgment and a motion for new trial, which were den... More... $0 (01-06-2009 - MD)
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Sumesh Thomas v. Thomas P. Dore, et al.
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Although the general rule is that if the purchaser of a property at a foreclosure sale fails to make timely payment of the purchase price he thereby becomes obligated to pay interest on the unpaid balance, there have evolved at least three recognized exemptions from the strict application of that general rule. The question before us on this appeal is whether a purchaser's possible entitlement to o... More... $0 (12-04-2008 - MD)
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Greater New Haven Property Owners Association v. City of New Haven
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This appeal requires us to consider the scope of authority granted to municipalities by General Statutes § 7-148 (c) (7) (A).1 In this action for a declaratory judgment and injunctive relief, the plaintiff, the Greater New Haven Property Owners Association,2 appeals from the judgment rendered in favor of the defendant, the city of New Haven (city), following a trial to the court.3 On appeal, the ... More... $0 (07-29-2008 - CT)
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Wheeler-Dealer, Ltd. v. Roger Christ, individually and d/b/a R&R Building Investments
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The plaintiff, Wheeler-Dealer, Ltd., filed a two-count amended
complaint in the instant action seeking, in count I, reformation of
a deed conveying all of lot 4 of Massey's Addition to Fairmont, a
subdivision in Blue Island, Illinois (Lot 4). Count II, pled in
the alternative to count I, sought rescission of the same deed.
Following a bench trial, the circuit court entered judgment in
f... More... $0 (03-04-2008 - IL)
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UnknownRachel Ehrenfeld v. Khalid Salim Bin Mahfouz
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The United States Court of Appeals for the Second
Circuit has certified to us the question of whether CPLR 302 (a)
(1) confers personal jurisdiction over a person who "(1) sued a
New York resident in a non-U.S. jurisdiction; and (2) whose
contacts with New York stemmed from the foreign lawsuit and whose
success in the foreign suit resulted in acts that must be
performed by the subject o... More... $0 (12-20-2007 - NY)
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GWTP Investments, L.P. v. SES Americom, Inc.
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GWTP Investments ("GWTP")1 brought this suit against SES
Americom ("SES") for breach of contract, fraud, and breach of
fiduciary duty. It claims that SES agreed to purchase teleports on
its behalf at a bankruptcy auction, but after SES won the auction and attained the rights to the teleports, it refused to transfer
them to GWTP. Finding that there was no binding contract and that
the fraud... More... $0 (08-17-2007 - TX)
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Terra Nova Insurance Company v. Evan Fray-Witzer & Metropolitan Antiques, LLC; Royal & Sunalliance USA
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The principal issue we are asked to decide is whether unsolicited facsimile advertisements sent to Massachusetts residents by a New Jersey company, allegedly in violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (2000) (TCPA), caused covered injuries under the terms of two general liability insurance policies. [FN2] Although we conclude that the facsimile transmissions at issue... More... $0 (07-11-2007 - MA)
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Jon A. Potcinski v. McDonald Property Investments, Ltd.
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Appellant, Jon A. Potcinske, claims that he and appellee, McDonald Property Investments, Ltd., (McDonald Property), entered into a contract in which McDonald Property agreed to sell 2.1 acres of real property to Potcinske. When McDonald Property did not convey the property, Potcinske filed suit alleging breach of contract and seeking specific performance.
In two issues, Potcinske appeals ... More... $0 (06-16-2007 - TX)
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