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Declaratory Judgment Law
 
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)

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 - )

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)

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)

Gregory Scott Cunningham v. Bobby Anglin

In an opinion and judgment dated August 12, 2011, we remanded this case to the trial court for a new trial on damages. Cunningham v. Anglin, No. 05-10-01023-CV, 2011 WL 3557951, at *5 (Tex. App.—Dallas Aug. 12, 2011, no pet.) (mem. op.) (“Cunningham I”). On remand, the parties tried the case before the court. The trial court rendered judgment for appellee Bobby Anglin, the agent of the landl... More...   $0 (01-30-2015 - TX)

Randall Edwards v. The Board of County Commissioners of Canadian County, Oklahoma, et al.

1. Plaintiffs: Plaintiffs are resident citizens of Canadian County, Oklahoma, all of whom are all both members of the tax-paying public and citizens entitled to the services which the County provides or is by law supposed to provide for the benefit ofits citizens and the public good. Further, PlaintiffRandall Edwards is the duly elected and serving sheriffof Canadian County, Oklahoma; Plaintiffs S... More...   $0 (01-28-2015 - OK)

Armstrong DLO Properties, LLC v. Todd A. Furniss and Heather E. Furniss

Appellant Armstrong DLO Properties, LLC (“ADLO”) appeals the trial court’s order granting summary judgment that ADLO take nothing in favor of appellees Todd A. Furniss and Heather E. Furniss (“the Furnisses”). The order also awarded the Furnisses $40,670 in attorney’s fees against ADLO. The controversy brought before us is respecting title to a portion of a continuous strip of real pro... More...   $0 (01-21-2015 - TX)

Cogswell Farm Condominium Association v. Tower Group, Inc.

In this declaratory judgment proceeding, the petitioner, Cogswell Farm Condominium Association (Cogswell), appeals an order of the Superior Court (McHugh, J.) finding that two exclusions in the insurance
2
policies issued by the respondents, Tower Group, Inc. (Tower) and Acadia Insurance Company (Acadia), preclude coverage in the petitioner’s underlying lawsuit against Lemery Building Co... More...
   $0 (01-13-2015 - NH)

Baron & McLary General Contractors, Inc. v. Catherine J. Depew

Comes now the Plaintiff, Barron & McClary General Contractors, Inc., an Oklahoma Corporation, and for its Claims for Relief against the Defendant Catherine J. Depew, an individual alleges and states as follows:
PARTIES, JURISDICTION, VENUE
1 The Plarntifftransacts business in Tulsa County, State of Oklahoma N
2 The Defendant resides in Tulsa County, State of Oklahoma
3 The events a... More...
   $0 (01-13-2015 - OK)

John Doe v. Stephanie Anderson

[¶1] John Doe XLVI appeals from a judgment of the Superior Court
(Kennebec County, Murphy, J.) denying his request for declaratory relief and a
temporary restraining order. Doe argues that Maine’s Sex Offender Registration
and Notification Act of 1999 (SORNA), 34-A M.R.S. §§ 11201 to 11256 (2012),1
as applied to him violates the Bill of Attainder, Due Process, and Separation o... More...
   $0 (01-13-2015 - ME)

The City of Galveston, Texas v. Joe Murphy, Yoram Ben-Amram and Galtex Development, LLC

Appellees Joe Murphy, Yoram Ben-Amram, and Galtex Development, LLC1 sued the City of Galveston, claiming that the City unconstitutionally took their property without just compensation through inverse condemnation. The City filed a plea to the jurisdiction, which the trial court denied. The City timely filed this
1 We refer to the appellees collectively as the “Property Owners.”
interlo... More...
   $0 (01-13-2015 - TX)

Clifford Charles Tyler v. Hillsdale County Sheriff's Department

This case presents an important issue of first impression in the federal courts: whether a prohibition on the possession of firearms by a person “who has been committed to a mental institution,” 18 U.S.C. § 922(g)(4), violates the Second Amendment.

Twenty-eight years ago, Clifford Charles Tyler was involuntarily committed for less than one month after allegedly undergoing an emotiona... More...
   $0 (12-26-2014 - MI)

Stan Lee Media, Inc. v. The Walt Disney Company

Over the course of the last three-quarters of a century, Marvel Enterprises
created a comic universe of unparalleled proportions. With comic-book legend
Stan Lee at the helm as editor-in-chief of its comic-book division, Marvel
constructed a fictional landscape of imaginative superheroes, elaborate narratives,
and overlapping storylines. During this time period, the commercial popu... More...
   $0 (12-23-2014 - CO)

Barbara Gail Harris v. Hayden R. Mayfield, Independent Executor of the Estate of Hayden R. Mayfield, deceased, and Trustee Under the Will of Hayden R. Mayfield

Barbara Gail Harris appeals from a summary judgment by which the trial court barred her attempt to collect child support arrearages from the estate of Hayden R. Mayfield. Harris raises five issues concerning jurisdiction, validity of the judgment for arrearages, denial of her motions for continuance and discovery, and attorney’s fees. We affirm.
BACKGROUND
In 1990, Harris obtained a judg... More...
   $0 (12-22-2014 - )

Wendolyn Messner v. Mark L. Boon

Wendolyn Messner, as the administratrix of the estate of Delbert M. Messner, filed suit May 14, 2013, against an attorney, alleging that the attorney had been negligent and had breached his fiduciary duty in the attorney’s legal representation of both Delbert (during his lifetime) and the executrix of his estate, Juanita Bengel (Delbert’s niece), after Delbert’s demise. The trial court grant... More...   $0 (12-19-2014 - TX)

Rodolfo Sanchez v. City of Austin

Beginning in October 2011, Plaintiffs-Appellants Rodolfo Sanchez and Kristopher Sleeman participated in the Occupy Wall Street protests that took place in the plaza in front of Austin City Hall. After the protests had already started, Defendant-Appellee City of Austin promulgated a policy under which it issued criminal-trespass notices—oral or written notices that individuals must depart or must... More...   $0 (12-18-2014 - TX)

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