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Declaratory Judgment Law
Armstrong DLO Properties, LLC v. Todd A. Furniss and Heather E. Furniss

Appellant Armstrong DLO Properties, LLC (“ADLO”) appeals the trial court’s order granting summary judgment that ADLO take nothing in favor of appellees Todd A. Furniss and Heather E. Furniss (“the Furnisses”). The order also awarded the Furnisses $40,670 in attorney’s fees against ADLO. The controversy brought before us is respecting title to a portion of a continuous strip of real pro... More...   $0 (01-21-2015 - TX)

The City of Galveston, Texas v. Joe Murphy, Yoram Ben-Amram and Galtex Development, LLC

Appellees Joe Murphy, Yoram Ben-Amram, and Galtex Development, LLC1 sued the City of Galveston, claiming that the City unconstitutionally took their property without just compensation through inverse condemnation. The City filed a plea to the jurisdiction, which the trial court denied. The City timely filed this
1 We refer to the appellees collectively as the “Property Owners.”
interlo... More...
   $0 (01-13-2015 - TX)

Clifford Charles Tyler v. Hillsdale County Sheriff's Department

This case presents an important issue of first impression in the federal courts: whether a prohibition on the possession of firearms by a person “who has been committed to a mental institution,” 18 U.S.C. § 922(g)(4), violates the Second Amendment.

Twenty-eight years ago, Clifford Charles Tyler was involuntarily committed for less than one month after allegedly undergoing an emotiona... More...
   $0 (12-26-2014 - MI)

Stan Lee Media, Inc. v. The Walt Disney Company

Over the course of the last three-quarters of a century, Marvel Enterprises
created a comic universe of unparalleled proportions. With comic-book legend
Stan Lee at the helm as editor-in-chief of its comic-book division, Marvel
constructed a fictional landscape of imaginative superheroes, elaborate narratives,
and overlapping storylines. During this time period, the commercial popu... More...
   $0 (12-23-2014 - CO)

Barbara Gail Harris v. Hayden R. Mayfield, Independent Executor of the Estate of Hayden R. Mayfield, deceased, and Trustee Under the Will of Hayden R. Mayfield

Barbara Gail Harris appeals from a summary judgment by which the trial court barred her attempt to collect child support arrearages from the estate of Hayden R. Mayfield. Harris raises five issues concerning jurisdiction, validity of the judgment for arrearages, denial of her motions for continuance and discovery, and attorney’s fees. We affirm.
In 1990, Harris obtained a judg... More...
   $0 (12-22-2014 - )

Wendolyn Messner v. Mark L. Boon

Wendolyn Messner, as the administratrix of the estate of Delbert M. Messner, filed suit May 14, 2013, against an attorney, alleging that the attorney had been negligent and had breached his fiduciary duty in the attorney’s legal representation of both Delbert (during his lifetime) and the executrix of his estate, Juanita Bengel (Delbert’s niece), after Delbert’s demise. The trial court grant... More...   $0 (12-19-2014 - TX)

Rodolfo Sanchez v. City of Austin

Beginning in October 2011, Plaintiffs-Appellants Rodolfo Sanchez and Kristopher Sleeman participated in the Occupy Wall Street protests that took place in the plaza in front of Austin City Hall. After the protests had already started, Defendant-Appellee City of Austin promulgated a policy under which it issued criminal-trespass notices—oral or written notices that individuals must depart or must... More...   $0 (12-18-2014 - TX)

Chopra and Associates, P.A. v. U.S. Imaging, Inc.

Appellant Chopra and Associates, PA, sent appellee U.S. Imaging, Inc., (“USI”) a demand for arbitration after not receiving certain bonus payments allegedly owed under an agreement between the parties. USI subsequently filed suit seeking a declaratory judgment that the agreement under which appellant
sought arbitration was “never formed and was never in existence.” Appellant
moved ... More...
   $0 (12-18-2014 - TX)

In the Matter of the Estate of Sweetie J. Boyle, Decased

This is an appeal from the County Court at Law No. 2 of Midland County, sitting in probate. A bank that was a predecessor in interest of Appellee, JPMorgan Chase Bank, National Association (JPMorgan), filed the underlying probate proceeding in 1996. The bank’s successor in interest filed a petition for declaratory judgment in the probate proceeding in 1999. Appellant, Richard D. Jones Jr. (Jones... More...   $0 (12-18-2014 - TX)

Hound Mounds, Inc. and Geoffrey Bodle v. Adrian Finch

The trial court stayed arbitration in a dispute between a Florida resident and a Texas corporation over a franchise agreement entered into between them. The court concluded that the entire agreement was void as against public policy. Appellees challenged the agreement as a whole, and not merely the arbitration provision. The law is clear that issues going to the validity of the entire agreement ar... More...   $0 (12-17-2014 - FL)

Curtis Hampton and Linda Hampton v. Florida Municipal Insurance Trust

We affirm the final declaratory judgment determining that the Florida Municipal Insurance Trust (“FMIT”) agreement with its member, City of Plantation, provided excess insurance and not primary insurance for automobile accidents. Thus, it was not required to include uninsured motorist protection as part of its provisions. See § 627.727(2), Fla. Stat (2011). The insuring agreement was modified... More...   $0 (12-17-2014 - FL)

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)

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