This appeal of the trial court’s order denying the City of San Antonio’s plea to the jurisdiction arises from a suit seeking a declaratory judgment that the City’s Fair Notice Ordinance is void. In its plea, the City asserted that the plaintiffs, the Greater San Antonio Builders Association and Indian Springs, Ltd., lacked standing to pursue their declaratory judgment claim because no justic... More...   $0 (05-22-2013 - TX)

Appellant, Fresni, Inc., appeals a judgment entered in favor of appellee, Tamir Enterprises, Ltd., after the trial court granted Tamir’s motion for summary judgment. In four issues on appeal, Fresni asserts the trial court erred in rendering summary judgment in favor of Tamir and dismissing its (1) conversion claim, (2) wrongful foreclosure claim, (3) breach of contract claim, and (4) trespass t... More...   $0 (05-22-2013 - TX)

As the trial court acknowledged at a hearing in which it announced its findings after a two-day bench trial, “[w]e originated th[is] case with the understanding that I would be deciding [whether] there was an oral gift of 2000 acres and the improvements thereon or there was not an oral gift of that property to Sherry D. McNutt by her father William H. McNutt.â€� Despite acknowledging the legal t... More...   $0 (05-22-2013 - TX)

¶ 1 This is a negligence action brought in the circuit court of St. Clair County by the
plaintiff, Brenda Noble, against the defendants, Earle M. Jorgensen Company, d/b/a EMJ
Metals and The EMJ Company (EMJ), and Mark McCollum, for injuries she sustained as a
result of an automobile accident. On appeal, the defendants argue that the trial court erred
in granting the plaintiff's mo... More...   $0 (05-22-2013 - IL)

This case is a derivative shareholder suit brought by appellants, Chris Thygesen and Bruce W. Derrick, Derivatively on Behalf of ClearMediaOne, Inc. and its Shareholders, against appellees, Robert F. Strange, Jr., Robert J. Viguet, Jr.,

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and Thompson & Knight, LLP. In three issues, appellants contend the trial court erred by rendering a take-nothing judgment on the jury’s verdict ... More...   $0 (05-22-2013 - )

Appellant, Walter Earl Taylor, sued appellees, Correctional Medical Services, Inc. and Octavia McCoy (collectively, “Correctional Medical�), for medical malpractice pursuant to Texas Civil Practice and Remedies Code Chapter

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74. Taylor failed to serve Correctional Medical with an expert report, and Correctional Medical moved to dismiss Taylor’s claim for failure to serve a tim... More...   $0 (05-21-2013 - TX)

Rodrigo Orlando Kuljis sued his former landlords Christopher L. Nguyen, Tho Nguyen, and Giang Nguyen. Kuljis filed two motions for summary judgment, which the trial court granted. In two issues, the Nguyens argue that the trial court

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erred in (1) denying their motion for new trial and (2) granting Kuljis more attorney’s fees than he requested in his motion for summary judgment.More...   $0 (05-21-2013 - TX)

Village Place, Ltd. purchased the Village Shopping Center with a non-recourse promissory note secured by a deed of trust pledging the property as collateral. The deed of trust included provisions that under certain circumstances created exceptions to the non-recourse nature of the loan. Bob Yari guaranteed the

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loan. When Village Place defaulted, VP Shopping, LLC (VPS), the notehold... More...   $0 (05-21-2013 - TX)

In 2009, Appellant Ryan Hart (“Appellantâ€� or “Hartâ€�)1 brought suit against Appellee Electronic Arts, Inc. (“Appelleeâ€� or “EAâ€�) for allegedly violating his right of publicity as recognized under New Jersey law. Specifically, Appellant‟s claims stemmed from Appellee‟s alleged use of his likeness and biographical information in its NCAA Football series of videogames. The District ... More...   $0 (05-21-2013 - nj)

Janet Winslow Peterson ("Janet")1 and Linda Winslow Lambright ("Linda") (collectively "Appellants") appeal from the entry of judgment following a jury trial in favor of Progressive Contractors, Inc. ("PCI") and Highway Technologies, Inc. ("HTI") (collectively "Respondents") on their claims for personal injuries and for wrongful death. Appellants claim the trial court erroneously overruled an objec... More...   $0 (05-21-2013 - MO)

This is a child support case involving two states: Texas, which is home to the father, and North Carolina, where his children currently reside. The trial court dismissed a petition to establish an order for support and concluded that continuing, exclusive jurisdiction was vested in a North Carolina tribunal. The issue on appeal is whether a trial court in Texas may adjudicate the child support obl... More...   $0 (05-21-2013 - TX)

Rehak Creative Services, Inc. and Robert Rehak (collectively, “Rehak�) appeal from a final judgment granting a motion to dismiss in favor of appellees Ann L. Witt, Ellen Witt, Raymond Witt, and the Ann Witt Campaign (collectively, “Witt�). We affirm.

OVERVIEW

This appeal focuses on a recently enacted statute called the “Texas Citizens Participation Act,â€� which is codi... More...   $0 (05-21-2013 - TX)

Appellant Miguel Angel Pappolla agreed to pay contractual alimony to appellee Marcia Julieta Simovich as part of a divorce settlement. When Pappolla failed to make payments required under the agreement, Simovich filed a petition seeking acceleration and payment of the remaining obligation. The trial court granted Simovich’s petition and signed a wage withholding order. In two issues, Pappolla co... More...   $0 (05-21-2013 - TX)

Mother appeals the trial court’s order granting Father’s counterpetition to modify the parent-child relationship, in which Father was appointed sole managing conservator of their children V.D.W. and L.D.W. and Mother was appointed possessory conservator of the children. We affirm.

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I. BACKGROUND

On July 16, 2007, the trial court signed the final decree of divorce and appo... More...   $0 (05-21-2013 - TX)

Paula K. Gregory, individually and on behalf of the estates of Darryl Gregory, Jr. and Monique L. Carpenter sued Old Republic Home Protection on negligence wrongful death, breach of implied warranty and unfair and deceptive trans practices theories claiming that both died on November 14, 2008 as a direct result of carbon monoxide poisoning as a result of faulty repair of a heating system where ... More...   $0 (05-21-2013 - NC)

Robert Jeffrey Chaskes, D.O., Sandra Saint-Eloi, A.R.N.P., and their employer Vohra Health Services, P.A., appeal from a final judgment in this medical malpractice action for the negligent treatment of a sacral decubitus ulcer (a bedsore). The defendant doctor and nurse treated then eighty-eight-year-old Dilia Jaquez over a period of two weeks while she was at Miami Gardens Nursing Center followin... More...   $0 (05-20-2013 - FL)

1. That Petitioner brings this action pursuant to 11 O.S. 2001. § 42-111 and seeks an Order from the Court foreclosing The City of Oklahoma City’s aosolute right to reopen a portion of that certain public right of way (the “Portion of Righi of Way to be Vacated�) described on Exhibit 1 and depicted on Exhibit 2, both attached hereto and made a part hereof.

2. That pursuant to 11 O.S.... More...   $0 (05-17-2013 - OK)

1. On January 6, 2012 the Carter L. Cook was operating a motor vehicle in Washita County, Oklahoma. A vehicle owned and operated by the State of Oklahoma, by and through its employee then acting within the scope of his employment negligently pulled into the path of the vehicle operated by Carter L. Cook. As a result of the defendant’s negligence a collision occurred and Carter L. Cook died from ... More...   $175000 (05-17-2013 - OK)

Diane Jenkins (Jenkins) requests the reversal of the trial court‘s dismissal of her lawsuit after it sustained the two separate demurrers of (1) JPMorgan Chase Bank N.A. (Chase) and Bank of America, N.A. (B of A) and (2) Quality Loan Service Corporation (Quality). (These entities will collectively be referred to as Defendants, unless the context indicates otherwise.) In 2007, Jenkins executed a ... More...   $0 (05-17-2013 - CA)

The parties dispute the nature of this lawsuit. Appellant Robert F. Meekins, Jr. characterizes it as a trespass to try title suit, while appellees Roy and Mari Kay Wisnoski contend it is “an impermissible collateral attack on a probate court’s final appealable order related to the partition of . . . real property.â€� In three issues, Meekins challenges the trial court’s entry of summary judg... More...   $0 (05-16-2013 - TX)

In this case we consider whether a municipal ordinance may validly establish superpriority status for municipal code enforcement liens. In City of Palm Bay v. Wells Fargo Bank, N.A., 57 So. 3d 226 (Fla. 5th DCA 2011), the Fifth District Court of Appeal concluded that such an ordinance superpriority provision is invalid because it conflicts with a state statute and that the City’s lien accordingl... More...   $0 (05-16-2013 - FL)

In four issues, Appellants Peter and Mary Beth Payne, David and Oksana Howard, Melvin and Donna Harris, and Christina Childers (collectively, the Homeowners) appeal the trial court’s summary judgments for Appellees J. Baker Corporation formerly known as Little Elm/2000, Ltd.; Landstar Homes Dallas, Ltd.; GCS Trails of Frisco, L.P. d/b/a The Trails of Frisco Golf Club; and Sun Den Frisco Investme... More...   $0 (05-16-2013 - TX)

This case involves the City of Waterloo’s efforts to be reimbursed under Iowa Code section 411.22 (2011) for its payment of medical expenses and temporary disability benefits on behalf of an injured police officer. The district court rejected the city’s indemnification claim to proceeds of the officer’s settlement of his tort claim against third parties. Because section 411.22 only contempla... More...   $0 (05-16-2013 - IA)

After John Herman’s death, the Estate of John Herman was substituted as the appellant in the instant action. The Estate appeals a district court decision upholding the workers’ compensation commissioner’s denial of benefits for Herman’s right foot injury. Because we find the commissioner’s outright rejection of uncontroverted medical opinions is not supported by substantial evidence when... More...   $0 (05-16-2013 - IA)

Esad Osmic was injured in a motor vehicle collision while riding as a passenger in his brother’s SUV. Two years and thirty-one days later, Esad sued Nationwide Agribusiness Insurance Company (Nationwide) seeking recovery for damages under the underinsured motorist (UIM) provisions of his brother’s personal auto policy. Nationwide filed a motion for summary judgment asserting Esad’s petition ... More...   $0 (05-15-2013 - IA)