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Declaratory Judgment Law
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
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.
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.
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.
... 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)

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
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
number set out in numerals. After the borrowers defaulted, litigation ensued, and the property was... More...
   $0 (08-19-2014 - TX)

Camp Easton Forever, Inc. v. Inland Northwest Council of Boy Scouts of America

Camp Easton Forever, Inc., (“CEF”) and Daniel and Matthew Edwards (collectively “the Edwardses”) appealed the district court’s grant of summary judgment to Inland Northwest Council Endowment Properties, LLC, and Inland Northwest Council of the Boy Scouts of America (collectively “INWC”). CEF and the Edwardses filed an action to declare the parties’ rights to property INWC owns on L... More...   $0 (08-15-2014 - ID)

Leif James Putnam v. Mary F. Iverson and Gregory W. Abbott

Appellant Leif James Putnam appeals the grant of the appellees’ plea to the jurisdiction and the dismissal of his claims with prejudice. Because Putnam’s claims against appellees Mary Iverson and Attorney General Gregory W. Abbott in their official capacities1 are either moot or precluded by sovereign immunity, we
1 Appellee Iverson was sued in her official capacity as an “Authorized Age... More...
   $0 (08-14-2014 - TX)

Steve Munson v. Bill Fraser

Vacated, in part, and remanded for proceedings consistent with this opinion.
2 This appeal arises from an action in which plaintiffs--common shareholders
3 of Vulcan Power Company (Vulcan), a Colorado corporation in the business of
4 developing geothermal power projects with its principal place of business located in
Oregon15 --brought claims against Vulcan... More...
   $0 (08-13-2014 - OR)

Christopher Joel Davey v. Margarett Jordan Royalties, Inc., et al

Christopher Joel Davey appeals from an adverse summary judgment rendered in his suit against numerous oil companies in an attempt to recover land that once belonged to his deceased father. In five issues, Davey contends that the orders rendered in the temporary administration of his father’s estate are void for want of jurisdiction, the deeds purportedly conveying property to Margarett Jordan Ro... More...   $0 (08-13-2014 - TX)

Ameripath, Inc. and DFW 5.01(a) Corporation v. Steven Hebert M.D.

AmeriPath, Inc. (“AmeriPath”) and DFW 5.01(a) Corporation (“DFW”) appeal the trial court’s judgment, which finalized a series of summary judgments and separate legal rulings, and which awarded attorney’s fees to appellee Steven Hebert. In four issues, appellants contend the trial court erred by (1) denying their motion to confirm an arbitration award, (2) granting summary judgment on a... More...   $0 (08-11-2014 - TX)

Seven Hills Commercial, LLC v. Mirabal Custom Homes, Inc., et al.

In this consolidated, interlocutory appeal, we examine whether the trial court erred by denying appellants’ motions to compel arbitration. Appellant Seven Hills Commercial, LLC (Seven Hills) appeals from three orders issued by the trial court in which the trial court refused to compel arbitration and stay the case pending in the trial court. Appellants Catenary Group, LLC (Catenary), Post Real E... More...   $0 (08-11-2014 - )

Michael M. Mojtahedi v. Faernando D. Vargas

Plaintiff Michael M. Mojtahedi, the first of two attorneys to represent a pair of clients in a personal injury matter, appeals the trial court’s judgment sustaining the demurrer to his second amended complaint without leave to amend. In the underlying matter, Plaintiff represented the clients until Defendant Fernando D. Vargas substituted in as new counsel. Defendant obtained a settlement paymen... More...   $0 (08-08-2014 - CA)

ABC Agra, LLC v. Critical Access Group, Inc.

This appeal arises out of ABC Agra, LLC’s (“ABC”) action seeking a declaratory judgment against Critical Access Group, Inc. (“CAG”) regarding the enforceability of a real property use restriction. Because there were no existing or proposed uses that implicated the restriction, the district court determined that the claim was not ripe and granted CAG’s 12(b)(6) motion to dismiss. We aff... More...   $0 (08-06-2014 - ID)

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