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Declaratory Judgment Law
 
Kings River Trail Association, Inc. v. Pinehurst Trail Holdings, L.L.C.

property on which golf courses and undeveloped acreage were located, on one side, and owners of nearby homes and two homeowners’ associations on the other side. In the appeal by the homeowners’ associations, we address whether the trial court erred in granting summary judgment as to the associations’ claims that they adversely possessed certain biking and hiking trails. We also determine whe... More...   $0 (09-25-2014 - TX)

In the Estate f Terolle K. Luthen, Deceased

Appellants Patrick James Luthen, Rachel Luthen, and Patrick James Luthen as next friend of Andrew Luthen1 (collectively “appellants”) appeal the trial court’s order admitting Terolle K. Luthen’s will and codicil to probate and authorizing letters of administration naming appellee Donald Ley2 as the independent executor of the estate.3
1 Appellants are the decedent’s great grandchildr... More...
   $0 (09-25-2014 - TX)

Sonia Herrera Marquez v. Clint Independent School District

On behalf of their minor children, Appellants, Sonia Herrera Marquez, Claudia Garcia, and Alicia Gomez, (Parents) filed suit against Appellee, Clint Independent School District, alleging violations of the Texas Constitution and seeking declaratory and injunctive relief. Parents appeal from the trial court’s order granting the school district’s motion to dismiss and plea to the jurisdiction. We... More...   $0 (09-25-2014 - TX)

Clarence Stumhoffer, Heir of the Estate of Robert Brian Stumhoffer, Deceased v. Daniel Perales and Erin Perales

Appellees, Daniel and Erin Perales (collectively, “Perales”), sued the appellant, the independent administrator and heir of the Estate of Robert Brian Stumhoffer (“the Estate”), seeking to recover attorney’s fees and costs incurred in
2
defending an adverse claim to title on real property sold to Perales by Robert Stumhoffer, decedent. In a single issue, the Estate challenges the... More...
   $0 (09-25-2014 - TX)

San Antonio Water System v. Beatriz Smith

Beatriz Smith sued the San Antonio Water System (SAWS) for injuries she sustained when she fell into a hole on a sidewalk. SAWS filed a plea to the jurisdiction, asserting it did not receive notice of the claim against it as required by the Texas Tort Claims Act. The trial court denied the plea. We affirm the order because we hold that 1) SAWS is not a “governmental unit” entitled to notice un... More...   $0 (09-24-2014 - TX)

Dr. Bruce Prescott, et al. v. Oklahoma Capitol Preservation Commission

Oklahoma City, OK - Motion for summary judgment against ACLU lawsuit challenging the constitutionally of placing Ten Commandments monument on public property next to Oklahoma state capitol building sustained by Oklahoma County, Oklahoma District Judge Thomas Prince.

____________________________________________________

Copies of the pleadings and motions filed by the parties are s... More...
   $0 (09-19-2014 - OK)

Trent Walton v. Midland Mira Vista Homeowners' Association a/k/a Mira Vista Homeowners' Association

Trent Walton appeals the trial court’s order denying his plea to the jurisdiction, the trial court’s order denying in part his motion for partial summary judgment, and the trial court’s order granting in part the motion for summary judgment of Midland Mira Vista Homeowners’ Association a/k/a Mira Vista Homeowners’ Association. We affirm.
2
I. Background Facts
This appeal invo... More...
   $0 (09-18-2014 - TX)

Quran Bryant, Stephen A. Barfield, and Grace Everett v. Dennis J. Cady, Ind. and as Trustee of the Dennis J. Cady Living Trust d/b/a Cady Enterprises

Certain executory contracts for conveyance of Texas real estate that is used or is to be used as the purchaser’s residence or the residence of certain relatives of the purchaser are statutorily regulated. See TEX. PROP. CODE ANN. §§ 5.061–.085 (West 2004 & Supp. 2014); see also Morton v. Nguyen, 412 S.W.3d 506, 507 (Tex. 2013). Sellers under covered contracts must, among other things, provid... More...   $0 (09-18-2014 - TX)

Donald R. Cain v. Progressive County Mutual Insurance Company

This is an appeal from a summary judgment dismissing the plaintiff’s claims against an insurer under an automobile insurance policy. The main issue is whether the insurance policy in effect at the time of the accident falls within the plain meaning of the term “renewal insurance policy” in sections 1952.101(c) and
1952.152(b) of the Texas Insurance Code. We conclude that it does and that... More...
   $0 (09-18-2014 - TX)

Lee Ann Wheelbarger v. City of El Lago and Richard Smith

This appeal arises from a claim by appellant Lee Ann Wheelbarger that the appellees, the City of El Lago and Richard Smith (sued in his official capacity only), violated her constitutional right to due process in determining that a condominium complex in which she owned a unit had been “substantially
2
damaged” by Hurricane Ike. She claimed that this determination, communicated in a le... More...
   $0 (09-18-2014 - TX)

Jerry L. Starkey, TBDL, L.P., and PBW Development Corporation v. Glen Graves

When the relationship between the companies and individuals involved in a limited partnership broke down, the aggrieved limited partner sued the other partners and their owner, alleging that they breached successive partnership agreements and committed or conspired to commit statutory and common-law
fraud and breaches of the duties of loyalty and care. The plaintiff sought the same two categor... More...
   $0 (09-11-2014 - TX)

Helen Butts Tipps v. Chinn Exploration Company and Cherokee Royalty Syndicate

The appearance of settled mineral ownership—which had surrounded three neighboring tracts of oil-and-gas-producing land in Gregg County since the late 1800s or early 1900s—was shattered beginning in late 2008 when three different lawsuits arose involving eight parties, one consolidation, multiple partial summary judgments, and two trials. One group of the parties generalized it well: “This c... More...   $0 (09-05-2014 - TX)

Woody K. Lesikar v. Carolyn Ann Lesikar Moon

This appeal is the most recent round in a protracted legal battle between two siblings over their respective inheritances.1 Woody K. Lesikar, individually, and as trustee of the Woody K. Lesikar Special Trust and the Woodrow V. Lesikar Family Trust, appeals the trial court’s summary judgment in favor of Carolyn Ann Lesikar Moon, individually and as trustee of the Carolyn Ann Lesikar Moon Special... More...   $0 (09-04-2014 - TX)

Jeffrey M. Healey v. Louis S. Spencer

Jeffrey Healey and Edward
Given reside in the Massachusetts Treatment Center in Bridgewater,
Massachusetts (the Treatment Center or Center). Each has been
civilly committed as a sexually dangerous person (SDP). In
separate suits, Healey and Given challenged the adequacy of sex
offender treatment provided by the Center as well as the conditions
of their confinement. They sou... More...
   $0 (09-03-2014 - MA)

Occidental Fire & Casualty Company v. Adam Soczynski

This is an insurance coverage dispute arising out of a fatal accident. The
district court determined a bobtail p 1 olicy issued to Hipp's Trucking, Inc., provided
coverage for damages arising out of a collision involving trucker Thomas Hipp's
semi-tractor and trailer. The district court also determined the bobtail policy provided
$1 million in coverage. We affirm.
I
On Marc... More...
   $0 (09-02-2014 - MN)

Elkhorn Midstream, LLC v. Mid-Contient Casualty Company, Colony Insurance Company and Vaughan Insurance Group, LLC

Elkhorn Midstream, LLC v. Mid-Contient Casualty Company, Colony Insurance Company and Vaughan Insurance Group, LLC

1. Elkhom is a limited liability company organized under the laws of the State of Oklahoma. Mid-Continent is a corporation organized under the laws of the State of Ohio with its principal place of business in the State of Oklahoma. Vaughan is a limited liability company organ... More...
   $0 (08-29-2014 - OK)

RK Properties I, LLC v. 5 Star Collision & Mechanical, Mark Sweet and Marlo Sweet

RK Properties I, LLC v. 5 Star Collision & Mechanical, Mark Sweet and Marlo Sweet

1. Plaintiff, RK Properties I, LLC (“RK Properties”), is an Oklahoma limited liability company with its principal place of business in Tulsa, Oklahoma.
2. Defendant 5 Star Collision & Mechanical (“5 Star”) is a sole proprietorship owned and controlled by Mark and Mario Sweet. 5 Star operated a bu... More...
   $141004 (08-29-2014 - OK)

Bruce Neimi v. City of Tulsa

Bruce Neimi, Eddie Evans, Donald a. Lowe and Dorris M. Orr v. City of Tulsa

Issue # 1.
Issue: DECLARATORY JUDGMENT (DECLARE)
Filed by: NEIMI, BRUCE
Filed Date: 07/08/2011
Party Name: Disposition Information:

Defendant: CITY OF TULSA
Disposed: DISMISSED - COURT ORDER, 08/27/2014. Judge.

Issue # 2.
Issue: DECLARATORY JUDGMENT (DECLARE)
... More...
   $0 (08-27-2014 - OK)

Mariama Monique Changamire v. Keiba Lynn Shaw

Appellant Mariama M. Changamire Shaw seeks review of a circuit court
order dismissing her amended petition for dissolution of marriage, and Appellee Keiba
Lynn Shaw has filed a notice of cross-appeal of that order. Appellant and Appellee are
same-sex partners who married in Massachusetts in 2010 and subsequently relocated
to Florida. The couple separated in October 2013, and Appell... More...
   $0 (08-27-2014 - FL)

Jerron C. Hill, M.D. v. Tx-An Anesthesia Management, LLP, et al.

Appellants Jerron C. Hill, M.D., individually, and Jerron C. Hill, M.D., P.A. appeal the trial court’s grant of summary judgment in favor of Tx-An Anesthesia Management, LLP, M2 Healthcare Services, LP, and Anesthesia Business Consultants. Appellants complain, in three issues, that the trial court erred in granting summary judgment because appellees failed to prove that all of appellants’ clai... More...   $0 (08-25-2014 - TX)

Peggy Harris v. Farmers Alliance Mutual Insurance Company, et al.

Enid, OK - Peggy Harris sued Farmers Alliance Mutual Insurance Company, et al. on bad faith breach of an insurance policy and other theories and alleged the following:

1. Plaintiff, Peggy Harris, is a resident of Garfield County, State of Oklahoma.
2. Defendant, Farmers Alliance Mutual Insurance Company (“Farmers Alliance”), is a foreign for-profit corporation domiciled outside th... More...
   $0 (08-22-2014 - OK)

Patsy B. Anderton, et al v. City of Cedar Hill, Texas

In this summary judgment proceeding, the City of Cedar Hill (the “City”) filed suit
against appellees Pasty B. Anderton and Doyle Anderton, individually and d/b/a A-1 Grass Sand
and Stone (“the Andertons”) regarding the alleged nonconforming use status of property,
specifically Lot 5, owned by the Andertons. The trial court granted summary judgment in favor
of the City rega... More...
   $0 (08-22-2014 - TX)

Rippy Interests, LLC v. William L. Nash, John D. Nash, Charles Nash and US KingKing, LLC

This is a summary-judgment appeal. The trial court granted the amended motion for summary judgment of Appellee US KingKing, LLC (KingKing) and denied the cross-motion for summary judgment of Appellant Rippy Interests, LLC (Rippy).1 Rippy appeals, complaining that the trial court erred in granting KingKing’s amended motion and in denying Rippy’s cross-motion. We agree; we will reverse the summa... More...   $0 (08-21-2014 - TX)

Carolyn Calkins James v. Richard Stephen Calkins

Appellant Carolyn Calkins James and her brother, appellee Richard Stephen Calkins, have, for years, been embroiled in litigation in multiple courts regarding
2
the estate and guardianship of their mother, Mary Olive Calkins.
1 In the underlying suit, Richard, as agent-in-fact of Mary, and appellee Michael Easton, pro se,2 sued Carolyn and her lawyers, claiming that they were fraudulent... More...
   $0 (08-21-2014 - TX)

Charles R. Tips Family Trust, Hazel W. Tips Family Trust and Charles T. Watkins v. PB Commercial LLC

The parties to this appeal entered into a residential loan agreement for the principal amount of “ONE MILLION SEVEN THOUSAND AND NO/100 ($1,700,000.00) DOLLARS.” The agreement thus identified the amount of the loan in two different ways, with one number written out in words and a larger
2
number set out in numerals. After the borrowers defaulted, litigation ensued, and the property was... More...
   $0 (08-19-2014 - TX)

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