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Declaratory Judgment Law
 
Joseph R. Willie, II v. Commission for Lawyer

Willie represented his client, Don Collis Houston Jr., after Houston was
indicted for possession of a controlled substance and bail jumping. After
2
consulting with Willie, Houston signed a judicial confession and waiver of rights
as to both charged offenses on May 12, 2008; these documents also were signed by
Willie and the State’s attorney, Michael Mark. Houston then pleade... More...
   $0 (03-17-2015 - TX)

Osama Abdullatif v. Erpile, LLC and Ali Choudhri

In this appeal from the judgment of a Harris County civil court at law, no
one challenges the trial court’s judgment regarding the original plaintiff’s claim
against the original defendant. Instead, the defendant argues that the trial court
lacked subject-matter jurisdiction over the intervenor’s claims. We agree. We
additionally conclude that the trial court lacked subject-m... More...
   $0 (03-12-2015 - TX)

Pharrell Williams, et al. v. Bridgeport Music, Inc., et al.

Los Angeles, CA - Pharrell Williams, Robin Thicke and Clifford Harris, Jr. sued Bridgeport Music, Inc., Frankie Christian Gaye, Marvine Gaye, III and Nona Marvisa Gaye on a declaratory judgment theory. The Defendants counterclaimed on a copyright violation theory claiming that Thicke and Williams wrongfully copied their father's music (Got to Give It Up) to create "Blurred Lines," the biggest hit... More...   $7400000 (03-10-2015 - CA)

Alterra Excess and Surplus Insurance Company v. Estate of Buckminstyer Fuller

The Estate of Buckminster Fuller (Estate) appeals from a judgment on the pleadings holding that Alterra Excess and Surplus Insurance Company (Alterra) had no duty to defend, and therefore no duty to indemnify, its insured in an action brought by the Estate against the insured. The basis of the judgment was that an exclusion in the Alterra policy, referred to by all below as the “intellectual pro... More...   $0 (03-09-2015 - CA)

Kish D. Powell v. The State of Texas

Kish D. Powell filed a suit against the State of Texas for a declaratory judgment of inability to pay property taxes and for injunctive relief. Before service of process, the trial court dismissed the case as frivolous and for failure to comply with the procedural requirements that apply to litigation filed without payment of costs by persons incarcerated in the Texas Department of Criminal Justic... More...   $0 (03-05-2015 - TX)

James T. Dreiling and Silveroak Land Company, L.P. v. Security State Bank & Trust

Security State Bank & Trust, appellee, sued James T. Dreiling, appellant, for deficiency on a note following a foreclosure. Silveroak Land Company, L.P., appellant, filed a plea in intervention. Security State filed a motion to strike the intervention and a motion for summary judgment on its claim against Dreiling. The trial court granted both motions. On appeal, Silveroak argues the trial court a... More...   $0 (03-05-2015 - TX)

Dallas National Insurance Company v. Calitex Corp., Elshir Enterprises, L.P. and Thomas, L.P.

This is an insurance coverage case. Appellees Calitex Corporation; Elshir Enterprises, L.P.; and Thomas, L.P. (collectively, “Calitex”) filed this lawsuit against appellant Dallas National Insurance Company (“DNIC”) seeking, in part, a declaration that DNIC owes a duty to indemnify Calitex respecting a judgment Calitex obtained (the “underlying judgment”) in a separate underlying lawsu... More...   $0 (03-03-2015 - TX)

Zagg, Inc. v. Lorence A. Harmer

¶1 Zagg, Inc. appeals from the district court’s interlocutory
order denying its request for an injunction to prevent Lorence A.
Harmer from selling shares of Zagg stock under the terms of a
settlement agreement between the parties. We reverse that order
and remand the matter to the district court for further proceedings.
Zagg, Inc. v. Harmer
BACKGROUND
¶2 Harmer is ... More...
   $0 (02-26-2015 - UT)

Adrian Tijerina v. Texas Property Casualty Insurance Guaranty Association as Receiver for SIR Lloyd's Insurance Company and the Texas Department of Insurance, Division of Workers' Compensation

Adrian Tijerina appeals from the trial court’s order granting pleas to the jurisdiction
filed by Texas Property Casualty Insurance Guaranty Association as Receiver for SIR Lloyd’s
Insurance Company (the Association) and the Texas Department of Insurance, Division of Workers’
Compensation (the Division), and dismissing his case for lack of jurisdiction. In two issues, Tijerina
... More...
   $0 (02-26-2015 - TX)

WSB Investments, LLC v. Pronghorn Development Company, LLC

Plaintiff WSB Investments, LLC owns an interest
in a timeshare unit at the Residence Club at Pronghorn
Villas Condominiums and, as a consequence of that ownership,
is a member of the associated nonprofit homeowners
association, the Residence Club at Pronghorn Villas
Condominiums Owners Association (the Res Club). When
the timeshare development, and the management of it byMore...
   $0 (02-25-2015 - OR)

Thein Htaike v. Rosalind Sein a/k/a Daw Myint Myint Sein

Plaintiffs filed this action seeking recovery of over
$200,000 on the general theory that defendants had secured
a series of promissory notes at exorbitant interest rates from
plaintiffs through loansharking. Over the years, plaintiffs
paid substantial sums on those notes but, despite repeated
requests from plaintiffs, defendants never gave them an
accounting of how much th... More...
   $0 (02-25-2015 - OR)

Ecom USA, Inc. and U.S. Cotton Growers Association v. David Lynn Clark and Ashley Lyn Clark, Patsy Marie Clark, Randy Craig Coleman and Sandra Jo Coleman, William Ronald Coleman and Jodi A. Coleman

This interlocutory appeal involves the district court’s refusal to compel David Lynn Clark, Ashley Lyn Clark, Patsy Marie Clark, Randy Craig Coleman, Sandra Jo Coleman, William Ronald Coleman and Jodi A. Coleman (collectively referred to as the Farmers) to submit their claims against ECOM USA, Inc. and U.S. Cotton Growers Association (USCGA) to arbitration. The Farmers had contracted to deliver ... More...   $0 (02-25-2015 - 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
2
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 (02-19-2015 - )

Dean Craft v. Philadelphia Indemnity Insurance Company

¶1 We accepted jurisdiction pursuant to C.A.R. 21.1 to answer questions of state law certified to this court by the United States Court of Appeals for the Tenth Circuit regarding the applicability of the “notice-prejudice rule” to claims-made insurance policies.

¶2 Under the notice-prejudice rule, an insured who gives late notice of a claim to his or her insurer does not lo... More...
   $0 (02-17-2015 - CO)

Baron Ablon v. Bari Ablon Campbell

Bari Ablon Campbell, Rachelle Ablon, and Baron Ablon are Fred Rude Ablon’s children. In January 2011, Bari and Rachelle filed an Application for Appointment of Permanent Guardian of Person and Estate of their father Fred in probate court in Dallas County.2 The court subsequently appointed an attorney ad litem and a guardian ad litem for Fred. In September 2011, their brother, Baron, entered his ... More...   $0 (02-17-2015 - TX)

Zenergy, inc. v. Palace Exploration Company

Tulsa, OK - Zenergy, Inc. and Zeneco, Inc. sued Palace Exploration, Palace Operating Company, Bistate Oil Management Corporation, Bistate Oil Co., Inc., Roda Drilling Company and Roda Drilling Company, LLC:

Issue # 1. Issue: DECLARATORY JUDGMENT (DECLARE)
Filed By: ZENERGY INC
Filed Date: 12/11/2006
Party Name Disposition Information
Defendant: PALACE EXPLORATION COMP... More...
   $0 (02-13-2015 - OK)

John Doe v. State of New Hampshire

The petitioner, John Doe, appeals an order of the Superior Court (McNamara, J.) granting summary judgment for the respondent, the State of New Hampshire, on the petitioner’s declaratory judgment action, which sought a ruling that RSA chapter 651-B is unconstitutional, as applied to him, because it violates the prohibition against retrospective laws and the Due Process Clause of the New Hampshire... More...   $0 (02-12-2015 - NH)

Crystal Ridge Homeowners Association v. City of Bothell

We must decide whether the city of Bothell assumed
responsibility for maintaining a drainage pipe installed in Crystal Ridge, a residential
subdivision in Snohomish County. Crystal Ridge was developed from two residential
plats that Snohomish County approved in 1987. The area became incorporated into
the city of Bothell (City) in 1992. One of the plats contained a drainage easement... More...
   $0 (02-12-2015 - WA)

Edith Cherry, Carris Booker, and Caboe Returns & Investments, Inc. v. Travoy R. Hollie

This is an appeal from a judgment of the trial court in favor of Travoy R.
Hollie in which it awarded Hollie actual and exemplary damages arising from the
unauthorized use of Hollie’s money and the misappropriation of stocks by Edith
Cherry and Carris Booker. We reverse and remand.2
Hollie is Booker’s son. Booker was not involved in Hollie’s life when he
was a child, but ... More...
   $0 (02-12-2015 - TX)

Gordon J. Zielinski v. State of Oregon

In this declaratory judgment action, plaintiffs seek
to compel the state to construct a railroad crossing on their
property according to the terms of a 1906 deed. The trial
court granted plaintiffs’ motion for summary judgment.
Because we agree with the state that plaintiffs’ claim is
untimely, we reverse and remand.
This case concerns a parcel of real property located<... More...
   $0 (02-11-2015 - OR)

Valerie A. Lyons v. Sanford D. Lyons

In this litigation over control of a family trust, the trial court overruled petitioners’ privilege objection to the production of documents from the trust accountant, a non-party, pursuant to Florida Rule of Civil Procedure 1.351. Procedurally, petitioners claimed that their objection required the
2
respondents to forego reliance on Rule 1.351 and set the accountant for
deposition. ... More...
   $0 (02-11-2015 - FL)

Mercy Hospital, Cedar Rapids, Iowa d/b/a Mercy Medical Center Cedar Rapids, Iowa

Charles Johnston appeals from a district court order granting a motion for directed verdict adverse to his breach-of-contract claim against appellees Martin and Loyola McNulty (McNultys). Appellee Mercy Medical Center (Mercy) sued the McNultys for breach of a purchase agreement and sought declaratory judgment that a right of first refusal, held by Johnston, was invalid. Johnston brought a cross-cl... More...   $0 (02-11-2015 - IA)

Kitsap County v. Kitsap Rifle and Revolver Club

The Kitsap Rifle and Revolver Club appeals from the trial court' s decision
following a bench trial that the Club engaged in unlawful uses of its shooting range property.
Specifically, the Club challenges the trial court' s determinations that the Club had engaged in an
impermissible expansion of its nonconforming use; that the Club' s site development activities
violated land use ... More...
   $0 (02-10-2015 - WA)

Matthew Raymond Allen v. City of Sacramento

Plaintiffs challenge a City of Sacramento (City) ordinance. Among other things, they assert the ordinance is unconstitutional both on its face and as applied to them. We will reverse a portion of the trial court’s order sustaining the City’s demurrer. Although plaintiffs fail to meet their appellate burden on most of their claims, they state a cause of action for declaratory relief asserting a... More...   $0 (02-06-2015 - CA)

Irma Barragan v. Nederland Independent School District

Appellant Irma Barragan appeals the trial court’s enforcement of a purported
Rule 11 agreement to settle the lawsuit and dismissal with prejudice of her
personal injury lawsuit against appellee Nederland Independent School District
(“NISD”). Barragan raises seven issues for our consideration. We reverse the trial
court’s orders and remand the cause for further proceedings c... More...
   $0 (02-05-2015 - TX)

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