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Declaratory Judgment Law
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)

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)

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)

Hua Xu v. David K. Lam a/k/a Ka Pun Lam a/k/a Ka P. Lam a/k/a David Lam a/k/a Kapun Lam and Jia Tian a/k/a Angela Tian

This is a dispute between a real estate investor and the two agents who managed her properties. Hua Xu (the “Investor”) sued David K. Lam and Jia Tian (collectively, the “Agents”), seeking damages for breach of contract, fraud, and breach of a fiduciary duty. After a trial by jury, the Agents moved for a directed verdict, which the trial court granted on the basis of limitations.
... More...
   $0 (11-06-2014 - TX)

Bill Miller Bar-B-Q Enterprises Ltd. v. Faith H. Gonzales

Bill Miller Bar-B-Q Enterprises, Ltd. challenges the trial court’s award of attorney’s fees to Faith Gonzales, asserting: (1) the trial court erred in determining the amount of attorney’s fees to be awarded because a jury was required to determine the reasonableness of the amount of attorney’s fees to award; (2) if section 21.259 of the Texas Labor Code1 authorized the trial court to deter... More...   $0 (10-30-2014 - )

MCT Energy, Ltd. v. Kevin Collins, Executor and Beneficiary of the Estate of Linda Lou Collins

We are asked to resolve a dispute regarding whether Kevin Collins, as the executor and beneficiary of the estate of Linda Lou Collins, (Collins) owns a 1.974% working interest in two particular oil and gas leases. Collins commenced an action against MCT Energy, Ltd. (MCT), seeking a declaratory judgment pronouncing that he owned such an interest. So too did he allege causes of action sounding in f... More...   $0 (10-21-2014 - TX)

David A. Aschliman v. Rodney Hettinger

David Aschliman appeals a judgment decree and order adverse to him and in favor of Rodney Hettinger in this real estate dispute. We affirm the judgment of the district court.
The record reflects the following facts. Aschliman was an officer and manager of Farmers Implement, Inc., a Wisconsin business involved in the sale, rent, and service of farm equipment. Hettinger was a farmer in Cl... More...
   $0 (10-15-2014 - IA)

Glen Murphy v. Adolfo C. Dulay

This appeal involves a federal preemption challenge to a Florida statute requiring presuit actions by an individual plaintiff before he may bring a medical Case: 13-14637 Date Filed: 10/10/2014 Page: 1 of 36
negligence claim in Florida state court. The district court held that one of those presuit requirements in Florida Statute § 766.1065—that the plaintiff execute a written authoriz... More...
   $0 (10-10-2014 - FL)

Madeline Betancourt v. Florida Insurance Guaranty Association, Inc.

Madeline Betancourt and Nivia Malgarejo (the Homeowners) appeal a
final summary judgment in favor of Florida Insurance Guaranty Association (FIGA). The
trial court determined that the applicable statutes of limitation barred the Homeowners'
action against FIGA for breach of contract and declaratory judgment regarding a
- 2 -
sinkhole loss. Because the action is time barred unde... More...
   $0 (10-10-2014 - FL)

Lunada Biomedical v. Laura Nunez

Attorneys for a consumer served on a company a notice required for damages under the Consumer Legal Remedies Act, Civil Code section 1750 et seq. (CLRA), setting forth alleged violations of the CLRA and demanding action. The company then brought a declaratory relief action against the consumer and her attorneys seeking a declaration that it had not violated the CLRA. The consumer and the attorneys... More...   $0 (10-09-2014 - CA)

Occupy Nashville, et al. v. William Haslam, et al.

In October 2011, a group of protesters calling themselves
“Occupy Nashville” established an around-the-clock presence on the Nashville War Memorial
Plaza (the “Plaza”) in Nashville, Tennessee, with the aim of bringing attention to disparities in
wealth and power in the United States.1 Occupy Nashville v. Haslam, 949 F. Supp. 2d 777, 785
(M.D. Tenn. 2013). After several week... More...
   $0 (10-08-2014 - TN)

King Ranch, Inc. v. Roel Garza, Cynthia Garza, JS Trophy Ranch, LLC and Los Cuentos, LLC

This appeal arises from a dispute over a boundary line established in an 1891 Deed of Exchange between Henrietta M. King, predecessor-in-interest to appellant King Ranch, Inc., and Luciano Garcia, et al., predecessors-in-interest to appellees Raul Garza, Cynthia Garza, JS Trophy Ranch, LLC, and Los Cuentos, LLC (“the Garzas”). King Ranch contends that the boundary line is a straight line north... More...   $0 (10-08-2014 - TX)

Roger D. Robinson v. Nanci Masso

Roger D. Robinson and Nancy M. Robinson sued Nanci Masso, Scott Underwood, LLC aka Masso/Underwood, LLA aka Masso Underwood, LLC, Ok Tank Truck Service, Truckers Dispoal, Inc. and Masso Underwood Limited partnership on a negligence thiory seeking a declaratory judgment, an injunction, damages for trespass and surface damage.

11-19-2010 TEXT 1 76512488 Nov 19 2010 11:54:39:523AM -... More...
   $1 (10-01-2014 - OK)

Tulsa Industrial Authority v. City of Tulsa

¶1 The dispositive issue in this appeal is whether or not Taxpayer/appellant, J. Clark Bundren, M.D., (Taxpayer), must include bondholders as necessary parties to this lawsuit. We affirm the order of the trial court.


¶2 This appeal is the second appeal in this dispute between Taxpayer and the appellees. The opinion in the first appeal was handed down on June 21, 2011,... More...
   $0 (09-30-2014 - OK)

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
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.
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)

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