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Declaratory Judgment Law
 
Kings River Trail Association, Inc. and Kings River Village Community Association, Inc. v. Pinehurst Trail Holdings, LLC

These consolidated appeals are from a judgment disposing of various claims between a company that purchased 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 ... More...   $0 (07-26-2014 - )

Frank and Shelley Thornton v. Northeast Harris County MUD 1

Appellee Northeast Harris County MUD 1 filed an eminent domain suit against appellants Frank and Shelley Thornton. The Thorntons brought counterclaims for inverse condemnation, nuisance, trespass, and negligent trespass. MUD filed a plea to the jurisdiction, arguing that there was no legislative waiver of its governmental immunity and that the Thorntons’ counterclaims did not give rise to a cons... More...   $0 (07-24-2014 - TX)

Jeremy Hamilton v. Betty Hamilton

A question of personal jurisdiction is at the center of this appeal. A stepson appeals an order denying his motion to dismiss for lack of personal jurisdiction and an order granting a temporary injunction. He argues the trial court erred in denying his motion to dismiss and granting the temporary injunction because he lacks minimum contacts with the State of Florida. We agree and reverse.
The ... More...
   $0 (07-23-2014 - FL)

Gary Ben Stephens, et al v. Union Valley Ranch, LP

In this property dispute, appellants Gary Ben Stephens, Stephens Group, L.P., and
Stephens Group II, L.P. appeal the trial court’s order granting summary judgment to appellee
Union Valley Ranch, L.P. on its claim for declaratory relief. In two issues, appellants argue (1)
appellee’s claim was a suit to try to title and therefore had to be brought as a trespass to try title
acti... More...
   $0 (07-21-2014 - TX)

Cellular Sales of Knoxville Inc. v. Martin E. McGonagle

Appellee Martin E. McGonagle as landlord and appellant Cellular Sales of Knoxville, Inc. as tenant were parties to a commercial lease. A jury found that McGonagle “fail[ed] to comply with the Lease Agreement by failing to make access to the premises leased by Cellular Sales ADA compliant” and awarded Cellular Sales $30,242 in damages. The jury also found that the amount of reasonable attorneyâ... More...   $0 (07-21-2014 - TX)

Richard Myers v. Hall Columbus Lender, LLC

Appellee Hall Columbus Lender, LLC (Lender) sued appellant Richard Myers for
breaching contracts in which Myers promised to defend Lender against certain claims. In
response to Lender’s motion for summary judgment, Myers argued as a matter of contract
interpretation that he was not in breach because his duty to defend had not been triggered. The
trial judge granted a partial summ... More...
   $0 (07-21-2014 - TX)

County of Colusa v. Toby Douglas

We conclude that Welfare and Institutions Code section 14053.1—under which the State of California, rather than its counties, pays for ancillary outpatient services for Medi-Cal eligible patients ages 21 to 64 in an “institution for mental diseases” (IMD)—remains a valid law.1
In reaching this conclusion, we find that Welfare and Institutions Code section 14053.1’s presence in the Ca... More...
   $0 (07-18-2014 - CA)

Monira Ulkarim v. Westfield, LLC

Monira Ulkarim appeals an order granting a special motion to strike (Code Civ. Proc., § 425.16)1 her complaint against Westfield LLC (Westfield). She alleges several counts against Westfield relating to the termination of a lease allegedly in violation of a lease agreement. Plaintiff contends her complaint does not arise from protected activity under the anti-SLAPP statute and she established a p... More...   $0 (07-17-2014 - CA)

Pamela Lou Burden v. Steven Bradley Burden

Pamela Lou Burden, the ex-wife of Steven Bradley Burden, appeals her eviction from his Delta County house, by claiming common-law marriage, denial of a fair trial, and a continued right to possession during this appeal due to indigence. We affirm the eviction, because (1) Pamela is not entitled to stay in possession during this appeal, (2) the lack of a common-law marriage has been established, an... More...   $0 (07-17-2014 - TX)

John Lawton v. David W. Lawton, Individually, as Independent Executor of the Estate of Joseph G. Lawton, Deceased and as Former Agent for Joseph G. Lawton Under a Power of Attorney

John Lawton challenges the portion of the trial court’s June 29, 2012 order granting summary judgment against him on his claims asserted in his original petition against David W. Lawton, individually, as independent executor of the estate of Joseph G. Lawton, deceased, and as former agent for Joseph G. Lawton under a power of attorney. In three issues, John contends that the trial court erred in... More...   $0 (07-10-2014 - TX)

Guillermo Benavides Garza Investment Co., Manuel A. Benavides, Norma Z. Benavides v. Guillermo Benavides Z., Individually and Derivatively on behalf of GBG Ranch LTD

Guillermo Benavides Garza Investment Co., Manuel A. Benavides, and Norma Z. Benavides appeal the trial court’s order granting a temporary injunction. Because the applicant, Guillermo Benavides, Z., did not show that he would suffer irreparable harm or that any judgment he obtained would be rendered ineffectual in the absence of a temporary injunction, we hold the trial court abused its discretio... More...   $0 (07-09-2014 - TX)

The Alabama-Coushatta Tribe of Texas v. United States of America

The Alabama-Coushatta Tribe of Texas brought suit against the United States and various federal agencies alleging inter alia violations of the Administrative Procedures Act and federal common law. The district court granted the Government’s motion to dismiss for lack of subject matter jurisdiction. Because we hold that the Tribe has failed to allege “agency action” sufficient to meet the sta... More...   $0 (07-09-2014 - TX)

Diana C. Kimble, Paula C. Hicks, John R. Hicks, Allison A. Wallace Davis, John R. Hicks, Trustee of the Richard Clark Hicks Trust, Travis N. Kimble, Trace Newman Kimble, Brady N. Kimble, Edward I. Adams, Bobbie J. Adams, Lee Hudson Murray, & Kristi Ray v. Kristopher P. Gostecnik, Wells Fargo Bank, Trustee of the Albert E. and Myrtle Gunn York Trust, and FPJ Land Company, Ltd.

This appeal is the result of a dispute between different groups of devisees who all claim to own royalties in the same property. Two groups of plaintiffs, now

Kimble v. Gostecnik Page 2

appellees, FPJ Land Company, Ltd. (FPJ) and Kristopher P. Gostecnik and Wells Fargo, trustee of the Albert E. and Myrtle Gunn York Trust (Gostecnik), sued to have the trial court construe certain ... More...
   $0 (07-03-2014 - TX)

Inverness Village v. JaNell Enlow

¶1 Defendants/Appellants JaNell Enlow, the duly elected Assessor of Creek County, Byron Davis, the duty elected Treasurer of Creek County, the Creek County Board of Tax Roll Corrections, a Political Subdivision of the State of Oklahoma, and Intervenor Defendant/Appellant Independent School District No. 33 of Creek County, Oklahoma (individually, Assessor, Treasurer, Board and School District, or,... More...   $0 (07-02-2014 - OK)

State of Wyoming, Ex Rel., Department of Workforce Services, Workers' Safety and Compensation Division v. Erin R. Clements

[¶1] By statute, the Wyoming legislature limited awards of temporary total disability
(TTD) benefits to twenty-four months but gave the Wyoming Worker’s Safety and
Compensation Division (the Division) discretionary authority to extend the time for those
benefits in the event of extraordinary circumstances. The Division adopted a rule
limiting any extension of TTD benefits to a m... More...
   $0 (06-29-2014 - )

Susan Goldman v. James R. Gagnard and Michelle Gagnard

This case comes to us with a byzantine procedural history, with a certain Jarndyce v. Jarndyce, Dickensian flavor. The litigation has spanned ten years and involves numerous parties, as well as several interlinked proceedings in different tribunals. But the main question

2 Nos. 12-2706 & 13-2045

underlying the appeal is clear: can a party wait indefinitely to try to correct an er... More...
   $0 (06-27-2014 - IL)

Derek Kitchen v. Gary R. Herbert

Our commitment as Americans to the principles of liberty, due process of law, and equal protection of the laws is made live by our adherence to the Constitution of the United States of America. Historical challenges to these principles ultimately culminated in the adoption of the Fourteenth Amendment nearly one-and-a-half centuries ago. This Amendment extends the guarantees of due process and equa... More...   $0 (06-26-2014 - )

Ken Yazel v. William K. Warren Medical Research Center

¶1 This cause (Yazel 1) and its companion case No. 111,643 Ken Yazel, Tulsa County Assessor v. The William K. Warren Medical Research Center, Inc., et al (Yazel 2), involve the dispositive issue of whether 68 O.S. 2011 §2880.1(D)1 requires a county assessor to be represented by a district attorney or by the Oklahoma Tax Commission before an appeal from the Board of Equalization may proceed to th... More...   $0 (06-24-2014 - OK)

Murray County v. Homesales, Inc.

¶1 In this appeal, we must determine whether a transfer of real property between affiliated business entities constitutes a "sale" for purposes of the Documentary Stamp Tax Act. We hold that the transfer of real property between affiliated corporations or transfers on behalf of the beneficial owner of real property are not taxable if any consideration paid does not exceed $100.

FACTS
... More...
   $0 (06-24-2014 - OK)

The Staley Family Partnership, LTD v. David Lee Stiles, et al

Appellant, the Staley Family Partnership, Ltd. (Staley) brought an action seeking a judicial declaration that it has an easement by necessity across land owned by appellees David Lee Stiles, Delzie Stiles, Ginger Westbrook, Robert Stiles, and David Stiles to access County Road 134 (CR 134). Appellees filed a counterclaim, seeking a judicial declaration that Staley does not have an easement across ... More...   $0 (06-21-2014 - TX)

Robert L. & Julia T. McCullough v. Scarbrough, Medlin & Associates, Inc, et al

Robert L. McCullough2 and Julia T. McCullough appeal from the trial court’s judgment rendered on a jury verdict in favor of Scarbrough, Medlin & Associates, Inc. and Scarbrough, Medlin & Associates Financial Services, Inc. (collectively, SMA) on SMA’s claims for breach of contract, breach of fiduciary duty, fraud, and civil theft against McCullough and their equitable claim of money had and re... More...   $0 (06-20-2014 - TX)

Arnold Ochoa v. The City of Palmview

In this accelerated appeal, appellant Arnold Ochoa challenges the trial court’s judgment granting a plea to the jurisdiction in favor of appellee, the City of Palmview, Texas (“Palmview”), on the basis of governmental immunity. We affirm.

I. BACKGROUND

Ochoa served as a patrolman with the Palmview Police Department beginning in

2

1995. According to Ochoa, in 2011,... More...
   $0 (06-19-2014 - TX)

Allstate Indemnity Company v. Levina Rice

On October 10, 2010, Levina Rice suffered significant injuries as a passenger in a one-vehicle automobile accident in Bates County, Missouri. Rice’s son-in-law, Howard Wiebe, drove the vehicle, which was owned by Rice’s daughter and son-inlaw, Sherry and Timothy Underwood. Both Wiebe and the Underwoods were covered by auto liability policies in effect at the time of the accident. The insurers ... More...   $0 (06-18-2014 - MO)

Edward L. Shinn v. Board of County Commissioners of Clearwater County, Idaho

This appeal is from a decision of the district court affirming the approval of a subdivision by the Board of County Commissioners of Clearwater County (“Board”). In approving the subdivision, the Board approved three variances granted by the Clearwater County Planning and Zoning Commission (“Commission”) with respect to the road providing access to the subdivision. A portion of the access ... More...   $0 (06-17-2014 - ID)

Bruce R. Wisan v. City of Hildale and Twin City Water Authority

¶1 This case comes to us as another installment in the ongoing dispute surrounding land owned by the United Effort Plan Trust (Trust) located in Hildale, Utah. In early 2007, appellee Bruce Wisan, court-appointed trustee of the Trust, filed a complaint against the City of Hildale (Hildale) and the Twin City Water Authority (TCWA) to compel the subdivision of certain parcels of Trust property loca... More...   $0 (06-17-2014 - UT)

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