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Declaratory Judgment Law
Bennie Deweese v. Ocwen Loan Servicing L.L.C. and Mortgage Electronic Registration Systems, Inc. (MERS) as Nominee for Federal Home Loan Mortgage

Bennie Deweese appeals the trial court’s rendition of summary judgment in favor of Ocwen Loan Servicing L.L.C. and Mortgage Electronic Registration Systems, Inc. as nominee for Federal Home Loan Mortgage (MERS). After
Ocwen foreclosed on Deweese’s home, Deweese sued to quiet title, for tortious interference with contract, statutory fraud, and for a declaratory judgment that the forec... More...
   $0 (12-11-2014 - TX)

Wendy Gregory v. Mary Fallin and The State of Oklahoma, Office of the Governor

COMES NOW the Plaintiff, Wendy Gregory, and submits her causes of action for
Declaratory and Injunctive Relief against the Defendant, Honorable Mary Fallin, in her official
capacity as Governor of the State of Oklahoma, and the State of Oklahoma Office of the
Governor (“Governor’s Office”together as “Defendants”) pursuant to the Oklahoma Open
Records Act, 51 OS. §24A.l, ... More...
   $125000 (12-05-2014 - OK)

The State of Texas v. Valerie Saxion, Inc.

In two issues in this accelerated interlocutory appeal, Appellants the State of Texas and Greg Abbott, in his official capacity as Attorney General of the State of Texas (collectively, the State) argue that the trial court erred by denying their
plea to the jurisdiction on the Free Exercise and federal Religious Freedom Restoration Act (RFRA) claims of Appellees Valerie Saxion, Inc. and ... More...
   $0 (12-05-2014 - TX)

Laura S. Wassmer and Stephen B. Hopper v. Jo N. Hopper

Stephen Hopper, Laura Wassmer and their stepmother Jo Hopper bring cross appeals from a summary judgment in a probate proceeding. The decedent, Max Hopper, married Jo Hopper in 1981. During the marriage, they purchased a home on Robledo Drive which they occupied until Max’s death on January 25, 2010. Max died intestate. The couple had no children. Max’s two children by a prior marriage, Stephe... More...   $0 (12-03-2014 - TX)

Lynn Foreman v. Dale Johnson

The sole issue in this appeal is whether the trial court erred in awarding attorney’s fees to appellee following our remand of the case to the trial court. We conclude that it did; therefore, we reverse and remand.
Our prior opinion contains a detailed recitation of the facts of this case, so we include here only those facts necessary to resolve appellant’s single issue on a... More...
   $0 (12-03-2014 - TX)

WaiWai, LLC and 1717 Investments, LLC V. Jose Alvarado and Isabel M. Alvarado

WaiWai, LLC and 1717 Investments, LLC (collectively WaiWai) appeal the trial
court’s judgment granting declaratory judgment in favor of Jose and Isabel M. Alvarado and
awarding the Alvarados attorney’s fees and court costs. We will reverse the trial court’s grant of
summary judgment in favor of the Alvarados, render judgment in favor of WaiWai in part, and
remand in part.
... More...
   $0 (11-26-2014 - tx)

William A. Jentsch, Jr. v. Lake Road Welding Co.

Appellant, William A. Jentsch, Jr. (“Jentsch”), appeals the trial court’s denial of his declaratory action for an easement by necessity. We reverse and remand.1
At one time, Oswald Jentsch (“Oswald”), owned approximately 500 acres of land in Archer County, Texas, some of which he later sold to multiple buyers. Most of these conveyances involved the selling of parcels t... More...
   $0 (11-19-2014 - TX)

Green Country Sewer Co., LLC v. Cheryl Hall

COMES NOW Plaintiff Green Country Sewer Co., L.L.C. and for its cause of action the Defendant, alleges and states:
1. Plaintiff Green Country Sewer Company, L.L.C. (“Green Country” or the “Company”), a Limited Liability Company duly organized under the laws of the State of Oklahoma and was all times authorized to transact business in the State of Oklahoma.
2. Defendant Cheryl Hall ... More...
   $1 (11-18-2014 - OK)

Darrin Opaitz v. Gannaway Web Holding, L.L.C., d/b/a Worldnow; Raycom Media, Inc. d/b/a KCBD-TV NewsChannel 11; and James Clark

Appellant, Darrin Opaitz, challenges the trial court’s order granting summary judgment in favor of media Appellees, Gannaway Web Holdings, LLC, d/b/a Worldnow, Raycom Media, Inc., d/b/a KCBD-TV NewsChannel 11 and James Clark, individually, (collectively KCBD) in his suit for invasion of privacy, defamation by libel, defamation by libel per quod and declaratory judgment.
... More...
   $0 (11-18-2014 - TX)

DePatco, Inc. v. Tetn View Golf Estates, LLC and Idaho Development, LLC

¶1 Teton View Golf Estates, LLC, and Idaho Development,
LLC, appeal the trial court’s declaratory judgment that, under Utah
law, Teton View must pay non-member creditors in full before
paying member creditors as it winds up its business and settles its
obligations. We affirm.
1. The Honorable Russell W. Bench, Senior Judge, sat by special
assignment as authorized by law.... More...
   $0 (11-14-2014 - UT)

Sonia Graciano v. Mercury General Corporation

Plaintiff Sonia Graciano suffered severe injuries when she was struck by a car driven by Saul Ayala (Saul). Saul was insured by a policy issued by defendant California Automobile Insurance Company (CAIC), which had policy limits of $50,000. Less than three weeks after Graciano's attorney first contacted CAIC alleging Graciano was injured
by one of CAIC's insureds, during which time Graci... More...
   $0 (11-12-2014 - CA)

Brett Woods v. Standard Insurance Company

This appeal requires us to evaluate whether remand to the state court pursuant to
the Class Action Fairness Act (CAFA) is required under either of two CAFA provisions:
the state action provision, which excludes from federal jurisdiction cases in which the
primary defendants are states; or the local controversy exception, which requires federal
courts to decline jurisdiction where, ... More...
   $0 (11-10-2014 - NM)

State of Oklahoma v. Tiger Hobia

We once again address the subject of Indian gaming and, following the lead
of the Supreme Court’s recent decision in Michigan v. Bay Mills Indian Cmty.,
134 S.Ct. 2024 (2014), emphasize that any federal cause of action brought
pursuant to 25 U.S.C. § 2710(d)(7)(A)(ii) of the Indian Gaming Regulatory Act
(IGRA) to enjoin class III gaming activity must allege and ultimately establ... More...
   $0 (11-10-2014 - OK)

Waterford Harbor Master Association v. Michael Landolt and Ann Wismer

Appellant, Waterford Harbor Master Association (“Waterford”), appeals a final judgment rendered in a suit for declaratory relief and monetary damages filed by appellees, Michael Landolt and wife, Ann Wismer, (“the Landolts”), and on Waterford’s counterclaim for declaratory relief. We affirm in part, and reverse and render in part.
Waterford Harbor is a subdivi... More...
   $0 (11-06-2014 - TX)

Hua Xu v. David K. Lam a/k/a Ka Pun Lam a/k/a Ka P. Lam a/k/a David Lam a/k/a Kapun Lam and Jia Tian a/k/a Angela Tian

This is a dispute between a real estate investor and the two agents who managed her properties. Hua Xu (the “Investor”) sued David K. Lam and Jia Tian (collectively, the “Agents”), seeking damages for breach of contract, fraud, and breach of a fiduciary duty. After a trial by jury, the Agents moved for a directed verdict, which the trial court granted on the basis of limitations.
... More...
   $0 (11-06-2014 - TX)

James Gils v. Minerl Resources Internatinal, Inc.

¶ 1 This appeal concerns a breach of fiduciary duty claim that was the subject of a successful summary judgment motion. Mineral Resources International, Inc. (MRI) challenges the district court’s grant of summary judgment in favor of James Giles and award of attorney fees to Giles. The district court ruled that MRI had not presented sufficient evidence of actual damages caused by the alleged br... More...   $0 (10-30-2014 - UT)

Bill Miller Bar-B-Q Enterprises Ltd. v. Faith H. Gonzales

Bill Miller Bar-B-Q Enterprises, Ltd. challenges the trial court’s award of attorney’s fees to Faith Gonzales, asserting: (1) the trial court erred in determining the amount of attorney’s fees to be awarded because a jury was required to determine the reasonableness of the amount of attorney’s fees to award; (2) if section 21.259 of the Texas Labor Code1 authorized the trial court to deter... More...   $0 (10-30-2014 - )

MCT Energy, Ltd. v. Kevin Collins, Executor and Beneficiary of the Estate of Linda Lou Collins

We are asked to resolve a dispute regarding whether Kevin Collins, as the executor and beneficiary of the estate of Linda Lou Collins, (Collins) owns a 1.974% working interest in two particular oil and gas leases. Collins commenced an action against MCT Energy, Ltd. (MCT), seeking a declaratory judgment pronouncing that he owned such an interest. So too did he allege causes of action sounding in f... More...   $0 (10-21-2014 - TX)

David A. Aschliman v. Rodney Hettinger

David Aschliman appeals a judgment decree and order adverse to him and in favor of Rodney Hettinger in this real estate dispute. We affirm the judgment of the district court.
The record reflects the following facts. Aschliman was an officer and manager of Farmers Implement, Inc., a Wisconsin business involved in the sale, rent, and service of farm equipment. Hettinger was a farmer in Cl... More...
   $0 (10-15-2014 - IA)

Glen Murphy v. Adolfo C. Dulay

This appeal involves a federal preemption challenge to a Florida statute requiring presuit actions by an individual plaintiff before he may bring a medical Case: 13-14637 Date Filed: 10/10/2014 Page: 1 of 36
negligence claim in Florida state court. The district court held that one of those presuit requirements in Florida Statute § 766.1065—that the plaintiff execute a written authoriz... More...
   $0 (10-10-2014 - FL)

Madeline Betancourt v. Florida Insurance Guaranty Association, Inc.

Madeline Betancourt and Nivia Malgarejo (the Homeowners) appeal a
final summary judgment in favor of Florida Insurance Guaranty Association (FIGA). The
trial court determined that the applicable statutes of limitation barred the Homeowners'
action against FIGA for breach of contract and declaratory judgment regarding a
- 2 -
sinkhole loss. Because the action is time barred unde... More...
   $0 (10-10-2014 - FL)

Lunada Biomedical v. Laura Nunez

Attorneys for a consumer served on a company a notice required for damages under the Consumer Legal Remedies Act, Civil Code section 1750 et seq. (CLRA), setting forth alleged violations of the CLRA and demanding action. The company then brought a declaratory relief action against the consumer and her attorneys seeking a declaration that it had not violated the CLRA. The consumer and the attorneys... More...   $0 (10-09-2014 - CA)

Occupy Nashville, et al. v. William Haslam, et al.

In October 2011, a group of protesters calling themselves
“Occupy Nashville” established an around-the-clock presence on the Nashville War Memorial
Plaza (the “Plaza”) in Nashville, Tennessee, with the aim of bringing attention to disparities in
wealth and power in the United States.1 Occupy Nashville v. Haslam, 949 F. Supp. 2d 777, 785
(M.D. Tenn. 2013). After several week... More...
   $0 (10-08-2014 - TN)

King Ranch, Inc. v. Roel Garza, Cynthia Garza, JS Trophy Ranch, LLC and Los Cuentos, LLC

This appeal arises from a dispute over a boundary line established in an 1891 Deed of Exchange between Henrietta M. King, predecessor-in-interest to appellant King Ranch, Inc., and Luciano Garcia, et al., predecessors-in-interest to appellees Raul Garza, Cynthia Garza, JS Trophy Ranch, LLC, and Los Cuentos, LLC (“the Garzas”). King Ranch contends that the boundary line is a straight line north... More...   $0 (10-08-2014 - TX)

Roger D. Robinson v. Nanci Masso

Roger D. Robinson and Nancy M. Robinson sued Nanci Masso, Scott Underwood, LLC aka Masso/Underwood, LLA aka Masso Underwood, LLC, Ok Tank Truck Service, Truckers Dispoal, Inc. and Masso Underwood Limited partnership on a negligence thiory seeking a declaratory judgment, an injunction, damages for trespass and surface damage.

11-19-2010 TEXT 1 76512488 Nov 19 2010 11:54:39:523AM -... More...
   $1 (10-01-2014 - OK)

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