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Give Kid The World, Inc. v. Stacy Sanislo

We grant Appellees’ motion for rehearing in part and deny the en banc rehearing by order. Upon motion for rehearing, we withdraw our prior opinion and substitute the following opinion in its place.

Give Kids the World, Inc. ("GKTW"), the defendant below, appeals a final judgment entered against it in a negligence action. GKTW argues that the lower court erred by denying its pretrial motio... More...
   $0 (10-12-2012 - FL)

Sylvia Yolanda Arredondo v. Antonio A. Betancourt, Jr.

Sylvia Yolanda Arredondo appeals the trial court‘s May 31, 2011 order granting Antonio A. Betancourt, Jr.‘s petition to modify the parent-child relationship. We affirm the judgment as modified.

I

Sylvia and Antonio married in January 2001, and Sylvia gave birth to their son in April of that year. The couple divorced in September 2002. In their agreed divorce decree, Sylvia and An... More...
   $0 (10-12-2012 - TX)

Texas Mutual Insurance Company v. Ronald Jerrols

Ronald Jerrols, Cedric Williams, and Jaime Luna sustained serious injuries in a traffic accident while they were returning to work from a restaurant after eating lunch. This appeal focuses on whether Jerrols, Williams, and Luna (also referred to collectively as the “claimants”) were in the course and scope of their employment under the Texas Labor Code when these injuries occurred.

Ma... More...
   $0 (10-12-2012 - TX)

Lawrence C. Mathis v. DCR Mortgage III Sub I, LLC

Lawrence C. Mathis executed a promissory note on March 31, 2000 in connection with his purchase of an approximately 20,000 square foot building in Austin, Texas. The note was originally made payable to Norwest Bank, N.A. and secured by a deed of trust. DCR Mortgage III Sub I, L.L.C. later acquired the note and deed of trust from Norwest and is the current owner and holder.

... More...
   $0 (10-12-2012 - TX)

Theresa L. St. Louis v. Wilkinson Law Offices, P.C.

[¶1] Theresa L. St. Louis and Dale T. St. Louis appeal from a judgment entered in the Superior Court (Penobscot County, Cuddy, J.) in favor of Wilkinson Law Offices, P.C. (Wilkinson Law) on their negligent misrepresentation claim. The judgment for Wilkinson Law was entered after the close of the St. Louises’ case in a nonjury trial.

[¶2] The St. Louises argue that the court erred in f... More...
   $0 (10-11-2012 - ME)

Robert V. Wilder v. Oklahoma Tax Commission

¶1 Involved here is one of nine appeals by taxpayers from an order of the Oklahoma Tax Commission (OTC/Tax Commission) denying their protests to the disallowance of a tax credit for investments in "qualified electric motor vehicle property" available under 68 O.S. Supp. 2008 § 2357.22(C). By Supreme Court order, taxpayers' appeals were made companion cases. We disagree with OTC's interpretation ... More...   $0 (10-11-2012 - OK)

Amarillo 'Dillas Baseball Club, LLC v. Potter County, Texas

Appellant, Amarillo ‘Dillas Baseball Club, LLC (Dillas), appeals the trial court’s granting of a plea to the jurisdiction filed by appellee, Potter County (County), based upon the County’s assertion of governmental immunity. We will affirm.

Factual and Procedural Background

The underlying basis of this dispute is a lease of a baseball stadium in Amarillo, Potter County, Texas. ... More...
   $0 (10-11-2012 - TX)

Thomas B. Arnold v. Valerie Audiffred

Appellant challenges the trial court’s order awarding costs and attorney’s fees, pursuant to section 768.79, Florida Statutes (2008). He alleges that a proposal for settlement served by appellee Audiffred was invalid because it was a joint proposal that failed to apportion the proposed amount between appellees. We agree and reverse.

Facts

Appellees Audiffred and Kimmons, who have... More...
   $0 (10-11-2012 - FL)

Walter Rubin v. Addison Reserve Country Club, Inc.

We dismiss this appeal of the denial of a temporary injunction as moot. Appellants sued to prevent modification of common area property in their development. In their verified motion for temporary injunction, they stated that the work on the modification had already commenced, and they sought an immediate order staying further construction. At the hearing o n th e temporary injunction, however, th... More...   $0 (10-10-2012 - FL)

Miami Children's Hospital Foundation, Inc. v. Estate of Elaine B. Hillman

Miami Children’s Hospital Foundation, Inc. (MCHF), appeals a trial court’s order finding Miami Care Foundation, Inc. (Miami Care), to be the intended beneficiary of a pourover trust from the Estate of Elaine B. Hillman. At issue in this case is whether the trial court erred in concluding that there was an ambiguity in the trust document in order to conclude that Miami Care should be the benefi... More...   $0 (10-10-2012 - FL)

City of Boynton Beach v. Frank Janots

The City of Boynton Beach (the “City”) appeals the trial court’s denial of its motion to use proceeds from a taking to satisfy an outstanding code enforcement lien. We reverse.

The facts below are undisputed. Theodore Ryan owned two parcels of property within the City’s jurisdictional limits. One was his homestead property (“Parcel 1”), and one was a vacant lot (“Parcel 2”).... More...
   $0 (10-10-2012 - FL)

J.S. v. C.M. Advocacy Center for Persons with Disabilities, Inc.

J.S., Appellant, challenges a final order of the Administrative Law Judge (“ALJ”) that denied his motion for attorney’s fees, based on the ALJ’s interpretation of section 120.595(4), Florida Statutes (2009). Because the ALJ erred in interpreting section 120.595(4), we reverse and remand for further proceedings.

FACTS

On October 23, 2009, C.M. filed a Petition for Administrati... More...
   $0 (10-10-2012 - FL)

Maverick Construction v. Homeland General Contractors, LLC

Maverick Construction sued Homeland General Contractors, LLC and American Safety Casualty Insurance Company on breach of agreement, indebtedness and quantum meruit theories.

The claims made and defenses asserted by the parties are not available.... More...
   $1 (10-10-2012 - OK)

Sandisk Corporation v. Kingston Technology Co., Inc.

SanDisk Corporation (“Sandisk”) sued Kingston Technology Co., Inc. and Kingston Technology Corp. (collectively “Kingston”) for infringement of U.S. Patent Nos. 5,719,808 (“’808 patent”), 6,149,316 (“’316 Patent”), 6,426,893 (“’893 patent”), 6,757,842 (“’842 patent”), and 6,763,424 (“’424 patent”). After the district court issued its claim construction opinion,... More...   $0 (10-10-2012 - WI)

Arthur Firstenberg v. City of Santa Fe, New Mexico

Electromagnetic radiation is a form of energy ubiquitous in our modern world, associated with everything from WiFi networks to microwave ovens to power lines. Most of us do not notice it. Some individuals, however, apparently suffer from a condition known as electromagnetic hypersensitivity (“EHS”), which requires them to avoid exposure to sources of electromagnetic radiation. These sources in... More...   $0 (10-10-2012 - NM)

Kerry Martin Clarke v. Home Creations, Inc. d/b/a West Gate South

Kerry Martin Clarke sued Home Creations, Inc. d/b/a West Gate South and High Strive Constructions, L.P. on a damage theory claiming:

1. Home Creations Inc. owns a multiple housing unit in Yukon, OK known as West Gate South whereby they develop and construct homes for purchase.

2. That Plaintiff, Kerry Martin Clarke, has a daughter who lives at 12324 SW 9th Terrace,Yukon, OK 73099... More...
   $0 (10-09-2012 - OK)

Marshall Helmberger v. Johnson Controls, Inc.

On certiorari appeal from a decision by an administrative-law judge (ALJ) dismissing his complaint against respondent-contractor under the Minnesota Government Data Practices Act (MGDPA), relator argues that the ALJ erred by concluding that the contractor was not performing a “governmental function” under the MGDPA when it provided management, construction, and architectural services to a scho... More...   $0 (10-09-2012 - MN)

Irene Mastick v. TD Ameritrade, Inc.

When federal and state laws involve the same subject matter, their provisions may conflict. When they do, the doctrine of federal pre-emption often resolves the issue which law applies. We answer the question when it does with judges' and lawyers' habitual, exasperating response: it all depends. 2 In these related appeals, the Federal Arbitration Act (FAA) (9 U.S.C. §§ 1-16) conflicts with the C... More...   $0 (10-09-2012 - CA)

Landis & Landis Construction, LLC v. Nicola Nationa d/b/a Nation Management

A construction crew encountered evidence of rodents the

day they began moving into leased housing. They left without waiting for the

problem to be resolved, and the construction company sued the landlord to

recover prepaid rents. A rodent infestation evident at move-in represents an

actionable breach of the implied warranty of habitability, justifying res... More...
   $0 (10-08-2012 - WA)

John A. O'DEell v. Kenneth Kozee

The principal issue in this certified appeal is whether Connecticut’s Dram Shop Act (act),1 General Statutes § 30-102,2 requires a plaintiff to prove that a patron was visibly or otherwise perceivably intoxicated3 when sold alcoholic liquor in order to prevail on a claim against the purveyor of alcoholic liquor for injuries sustained as a result of the patron’s intoxication.

The plaint... More...
   $0 (10-08-2012 - CT)

Michael Bandler v. Charter One Bank n/k/a Citizens Bank

¶ 1. ROBINSON, J. This case presents the question of whether the superior court has authority to review questions regarding arbitrability in the midst of an arbitration, and outside of the specific review provisions in the Vermont Arbitration Act (VAA). We conclude that it does not, and reverse the superior court’s ruling concerning the arbitrability of class claims in this case.... More...   $0 (10-05-2012 - VT)

Discover Bank v. Kimberly R. Barnes

¶1 Plaintiff/Appellant Discover Bank (Discover) appeals the trial court's Order filed on August 4, 2011, granting summary judgment in favor of Garnishee/Appellee Arbonne International (Arbonne), and the trial court's Order filed on October 7, 2011, awarding costs and attorney fees to Arbonne. Based on our review of the record and applicable law, we affirm.

FACTS AND PROCEDURAL BACKGROUDMore...
   $0 (10-05-2012 - OK)

Maria Dolores JImenez Perez v. Golden Empire Transit District

Plaintiff Maria Dolores Jimenez Perez filed this negligence action against defendant Golden Empire Transit District (Transit District) for injuries she received while exiting a bus. The issue on appeal is whether plaintiff properly alleged compliance with the claim presentation requirement in the Government Claims Act (Gov. Code, § 810 et seq.)1 or whether her allegations establish that she faile... More...   $0 (10-05-2012 - CA)

MBR & Associates, Inc. v. William S. Lile

Appellants MBR & Associates, Inc. and Marion Brian Ramon appeal from the trial court’s judgment for Appellee William S. Lile, signed after a bench trial. For the reasons set forth below, we will affirm the trial court’s judgment.

II. FACTUAL OVERVIEW

Lile hired MBR Guaranteed Foundation Repair (MBR-GFR)2 to repair the foundation of his home based on MBR-GFR’s representation... More...
   $0 (10-05-2012 - TX)

Ocram, Inc. d/b/a Coastal Framing v. Leslie Bartosh

Appellants, Ocram, Inc. d/b/a Coastal Framing,1 Marco Garza, and Danny Higgins, appeal the trial court’s judgment finding Garza and Higgins individually responsible for the conduct of Coastal Framing. Garza and Higgins argue that the trial court erred in denying their legal and factual sufficiency challenges on the evidence of piercing the corporate veil. Additionally, Higgins argues that the tr... More...   $0 (10-05-2012 - TX)

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