In these consolidated appeals, the substitute plaintiff, J. Diamond Properties, LLC (Diamond), and the defendant Georgina Spilke appeal from the judgment of the trial court denying Diamond’s motion for a deficiency judgment as to the defendant Kenneth C. Spilke.1 In AC 29796, Diamond claims that the court improperly determined that it failed to prove the fair market value of the subject property... More...   $0 (11-03-2009 - CT)

Where plaintiffs appeal an interlocutory order that does not contain a Rule 54(b) certification and fail to show a substantial right will be adversely affected if the order is not immediately reviewed, the appeal is dismissed.

I. Factual and Procedural Background

On 28 October 2005, Jayceon Taylor a/k/a the rap artist “The Game” (Taylor) was scheduled to perform a concert in Wins... More...   $0 (10-20-2009 - NC)

Ted and Mary Bissette (the “Bissettes”) appeal from orders: (1) granting plaintiffs’ and third-party defendants’ summary judgment motion, (2) dismissing their claim for breach of fiduciary duty, and (3) awarding attorneys’ fees for contempt and enforcement of subdivision restrictions. We affirm in part and reverse in part.

FACTS

Moss Creek is a single-family residential... More...   $0 (10-20-2009 - NC)

Defendant-Appellant State Trooper P.J. McCadden appeals
22 from an order of the district court (David N. Hurd, Judge)
23 denying his motion for summary judgment in this action against
24 him under 42 U.S.C. § 1983 based on allegations of false arrest
25 and malicious prosecution. The grounds for the motion are that
26 McCadden was entitled to qualified immunity. We conclude th... More...   $0 (10-13-2009 - NY)

Defendant Roman Catholic Diocese of Burlington, Vermont appeals an adverse final judgment on the grounds that the superior court erred by (1) granting plaintiff James Turner’s motion for judgment as a matter of law and setting aside the jury’s finding on the statute of limitations’ discovery period, (2) failing to dismiss plaintiff’s claim of negligent supervision, and (3) granting a mistr... More...   $0 (10-12-2009 - VT)

In a market-based economy the price of housing, like other goods, is subject to swings. There was a sharp upward swing in housing prices between late 2000 and the end of 2005, and the resulting bubble was bigger in Florida than it was in most other states. Home prices there rose eighty-two percent in absolute terms during that short period, outstripping the fifty-one percent national increase. See... More...   $0 (09-30-2009 - FL)

This case concerning the ownership of certain real property in Fort Smith is before us for the third time.1 Appellants Daniel Hearne and his wife Debora Hearne claimed an interest in this property by virtue of two deeds, one from Daniel Hearne’s mother, and the other from David Banks, the former husband of appellee Diane Banks. The circuit court held that the deed from Hearne’s mother failed f... More...   $0 (09-16-2009 - AR)

In these consolidated appeals, James Devine challenges the district court’s1 (1) order and judgment holding him in contempt and imposing sanctions for violating a 2001 consent decree which required him to bring four boat docks located on a cove of the Lake of the Ozarks in Camden County, Missouri, into compliance with permits issued by Union Electric Company (UE) (No. 07-3926), and (2) order awa... More...   $0 (09-16-2009 - MO)

Defendant-Appellant State Trooper P.J. McCadden appeals
from an order of the district court (David N. Hurd, Judge)
denying his motion for summary judgment in this action against
him under 42 U.S.C. § 1983 based on allegations of false arrest
and malicious prosecution. The grounds for the motion are that
McCadden was entitled to qualified immunity. We conclude that
the stip... More...   $0 (09-14-2009 - NY)

¶ 1 David A. Crawford and Diane J. Crawford, Appellants, and Theodore A. Gall, III and Theodore A. Gall, IV, Appellees,1 have filed cross appeals from the order entered in the Court of Common Pleas of Allegheny County granting in part and denying in part each party’s respective motions for post-trial relief. The appeals were consolidated by per curiam order on December 2, 2008. We affirm, findi... More...   $0 (09-10-2009 - PA)

Dr. Tony Cantu and his wife Elsa Cantu appeal the trial court=s orders declaring them to be vexatious litigants and dismissing their case for failing to deposit $75,000 as security into the court registry. The Cantus have also filed a motion requesting that this court expedite its mandate. For the reasons stated below, we deny the Cantus= motion, overrule their three appellate issues, and affirm... More...   $0 (09-10-2009 - TX)

Richard Neiswonger (Neiswonger) appeals the district court’s1 entry of a civil contempt order against Neiswonger for Neiswonger’s violations of a prior permanent injunction, enjoining him from using deceptive and misleading sales practices. Neiswonger claims the district court erred in denying Neiswonger’s motion for a separate hearing on the issues of damages and disgorgement of profits and... More...   $0 (09-09-2009 - MO)

Plaintiff-appellant R. Greg Cory filed suit against Allstate Insurance Company and Allstate Financial Services, LLC (collectively, “Allstate”) for, among other claims, breach of implied contract and defamation. The district court dismissed the implied contract claim under Fed. R. Civ. P. 12(b)(6) and entered summary judgment against him on the defamation claim. Mr. Cory appeals. We have jurisd... More...   $0 (09-09-2009 - NM)

This matter arises from a wrongful death action filed by appellants, Herbert Livingstone, individually and as administrator and personal representative of the estate of his deceased wife, Tracy Orr (“Dr. Orr”), who died on November 12, 2002, three days after giving birth to twin boys by a pre-term Cesarean section.1 The complaint alleged medical negligence by appellees Richard S. Margolis, M.D... More...   $0 (08-27-2009 - MD)

[¶1] Philip and Letitia Abromats request relief from summary judgment granted to Don and Brenda Wood, claiming that the district court erred when it found that one allegedly defamatory statement contained in a victim impact statement was not libel per se and that the other allegedly defamatory statement was protected by qualified immunity as a statement concerning a common interest. The Woods, in... More...   $0 (08-26-2009 - WY)

In two issues, appellant, Tony Cantu, seeks reversal of an order dismissing his suit against appellees, John Maher, Thomas Tollette, and Tommy=s Seafood Steakhouse, following the trial court=s finding of discovery abuse, and further finding that this case is groundless and brought in bad faith and for the purpose of harassment. Because all dispositive issues of law are settled, we issue this memor... More...   $0 (08-25-2009 - TX)

Plaintiff appeals as of right the trial court’s order granting summary disposition in defendant, Allstate Insurance Company’s favor. Because Michigan does not yet recognize spoliation of evidence that interferes with a prospective civil action, against a third party, as a valid cause of action, we affirm.

Plaintiff initiated this action when a fire broke out in his family’s rented apa... More...   $0 (08-09-2009 - MI)

In this cause of action arising from alleged violations of the Michigan Civil Rights Act (“CRA”), Plaintiff Tara Hamed appeals as of right from the trial court’s April 10, 2007, order granting partial summary disposition to defendants Wayne County and Wayne County Sheriff’s Department (“the department”) with respect to plaintiff’s claims for hostile environment sexual harassment and ... More...   $0 (08-09-2009 - MI)

This is a wrongful termination action. Plaintiff Jennifer Scott was employed by defendant Phoenix Schools, Inc. (Phoenix) as the director of its Rocklin, California preschool. She had the responsibility of assigning personnel to comply with the state regulations that set the minimum teacher-student ratios for child care centers. (Cal. Code Regs., tit. 22, §§ 101216.3, 101416.5, and 101516.5.) Ph... More...   $0 (07-01-2009 - CA)

These consolidated cases arise from litigation that be-gan in Arizona in 1992 when a group of English Language-Learner (ELL) students in the Nogales Unified School District (Nogales) and their parents filed a class action, alleging that the State was violating the Equal Educational Opportunities Act of 1974 (EEOA), §204(f), 88 Stat.515, 20 U. S. C. §1703(f), which requires a State “to take app... More...   $0 (06-25-2009 - AZ)

Ross and Amy Parkhurst, the adoptive father and biological mother of H.P., a minor child, asserted claims as next friend against Chad Belt, H.P.'s biological father, for outrage and battery based on Belt's alleged sexual abuse of H.P. After a jury trial, judgment was entered in favor of the Parkhursts for $250,000 in compensatory damages and $750,000 in punitive damages.1 Belt appeals, arguing tha... More...   $0 (06-09-2009 - AR)

Years ago, a group of plaintiffs and the Indiana Medicaid program’s administrators agreed to certain terms for the handling of applications to the disability program in Indiana: most relevant for present purposes was a concession that the program would compile a complete twelve-month medical history before reaching a decision on the application. Now, several members of the affected class want to... More...   $0 (06-08-2009 - IN)

In this case the Supreme Court of Appeals of WestVirginia reversed a trial court judgment, which had entered a jury verdict of $50 million. Five justices heard thecase, and the vote to reverse was 3 to 2. The questionpresented is whether the Due Process Clause of the Fourteenth Amendment was violated when one of the justices in the majority denied a recusal motion. The basis for the motion was tha... More...   $0 (06-08-2009 - WV)

¶1 On June 30, 2006, the petitioners-appellees, The Trust Company of Oklahoma and Ronald Saffa, filed a pleading entitled "Application for Instructions, and Brief in Support, Regarding Conduct in Apparent Violation of the No-Contest Provisions of the Lorice T. Wallace Revocable Trust and the Lorice T. Wallace Irrevocable Trust." After a hearing the trial court found that the respondent-appellant,... More...   $0 (05-26-2009 - OK)

Defendants in this action, cigarette manufacturers and trade organizations, appeal from the district court’s judgment finding them liable for conducting the affairs of their joint enterprise through a pattern of mail and wire fraud in a scheme to deceive American consumers. They also appeal from the district court’s remedial order, which imposes numerous negative and affirmative duties on Defe... More...   $0 (05-23-2009 - DC)