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Declaratory Judgment Law
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)

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)

Cellport Systems, Inc. v. Peiker Acustic GMBH & Co., K.D.

In October 2004, Cellport Systems, Inc. (“Cellport”) and Peiker Acustic GMBH &
Co. KG (“Peiker”) entered into an agreement concerning Cellport’s technology for the
hands-free use of cellphones in vehicles. In 2009, Cellport filed suit against Peiker,
alleging breach of that agreement and seeking royalties for seven Peiker products. The
district court awarded Cellport roya... More...
   $0 (08-05-2014 - CO)

Jamall Anderson v. Larry Truelove and Brady Robles

This is an interlocutory appeal from the trial court’s denial of appellant Jamall Anderson’s application for a temporary injunction to enjoin appellees Larry Truelove and Brady Robles from removing Anderson as the minister at West End
Church of Christ. We hold that the trial court is without jurisdiction to resolve the controversy and, accordingly, we dismiss the case for want of sub... More...
   $0 (07-31-2014 - TX)

Sebastian Lombardo v. Shouvik Bhattacharyya

In this interlocutory appeal, Sebastian Lombardo appeals the trial court’s order denying his special appearance, concluding the trial court had specific jurisdiction over Lombardo, in an action brought by Shouvik Bhattacharyya, alleging Lombardo is liable for intentional infliction of emotional distress, defamation, fraud, fraudulent inducement, and negligent misrepresentation. In five issues, L... More...   $0 (07-30-2014 - TX)

Bretton Guy Dawkins, Bradley Ken Dawkins, Jerry Howard Oxford and Sharon Ann Oxford v. Madelon Hysaw, Kathryn Hysaw Weaver, Michael and Cindy Burris Family Partnership III, Ltd., Byron M. Burris, and Judith Ann Burris Dziuk

This case involves the construction of a will executed in 1947 by Ethel Nichols Hysaw. Ethel devised to each of her three children (i.e., Inez, Howard, and Dorothy) specific parcels of land in fee simple, subject to a royalty interest for all the lands to be shared by each child. After a dispute arose over the amount of royalty each was entitled to receive, some of Ethel’s descendants petitioned... More...   $0 (07-30-2014 - TX)

John E. Fitzgibbon, Sr., The Fitzgibbon Family Partnership, Ltd., and Rita Fitzgibbon v. Janice F. Hughes

John E. Fitzgibbon, Sr., the Fitzgibbon Family Partnership, Ltd., and Rita Fitzgibbon appeal from a summary judgment granted in favor of Janice F. Hughes and the Estate of John E. Fitzgibbon, Jr. in a suit for breach of contract. We reverse the judgment of the trial court, and remand the case for further proceedings.
John E. Fitzgibbon, Sr. and Rita Fitzgibbon married in 1982 af... More...
   $0 (07-30-2014 - TX)

Clinton Keith Dawson and Brandy Lake v. Will Matthew Lowrey

This suit regards a dispute between Pat Lowrey’s natural children and his former step-children (children of a woman from whom Pat was divorced several years before his August 31, 2012 death after a long bout with cancer)1 over the proceeds of a bank account.
Clinton Keith Dawson and Brandy Lake, Pat’s former step-children, brought suit against Will Lowrey (Pat’s son, who also was his att... More...
   $0 (07-29-2014 - TX)

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)

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