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.,

2

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 - )

In the underlying lawsuit, Pedernal Energy L.L.C. sued Bruington Engineering Ltd. and three other entities (“the Schlumberger entitiesâ€�) for damages allegedly caused to an oil well and the surrounding formation. Because Pedernal’s lawsuit was for damages arising out of the provision of professional services by a licensed or registered professional, Pedernal was required to file an expert aff... More...   $0 (05-09-2013 - TX)

Plaintiff Zena Phillips was a beneficiary of a life insurance policy taken out by her fiancé, Michael Strang, and issued by Defendant Pruco

2 No. 11-3870

Life Insurance Company, a subsidiary of Defendant Prudential Life Insurance Company of America (together, “Prudentialâ€�). When Strang died, Prudential informed Phillips that the default method for paying the claim was the â€... More...   $0 (05-07-2013 - IN)

In these consolidated appeals, we consider whether the trial court erred in sustaining two defendants’ pleas to the jurisdiction in a suit brought by two former owners of a condominium unit against the condominium owners’ association, a contractor hired by the association, and the property manager of the condominiums. We affirm the trial court’s dismissal as to one claim, reverse the trial c... More...   $0 (05-02-2013 - TX)

Michael Cagle and Martin Lake Construction, Inc. (MLC) appeal the grant of a special appearance in favor of Timothy J. Clark, a resident of the state of New York. Because we agree with Cagle and MLC’s arguments that the trial court had specific in personam jurisdiction over Clark, we reverse the court’s judgment and remand to the trial court for further proceedings.1

I. Factual and Proc... More...   $0 (04-26-2013 - TX)

New Deliverance Church, Inc. (“the Church�) appeals from a summary judgment in favor of Adam Miller and Houssiere, Durant & Houssiere, LLP (“Houssiere�) (collectively, “appellees�). We reverse and remand.

2

I. BACKGROUND

In 2004, an explosion occurred at a chemical plant owned by HRD Corporation d/b/a Marcus Oil & Chemical (“HRDâ€�). Numerous litigants filed suit... More...   $0 (04-25-2013 - TX)

Appellant, Pain Reduction Concepts, Inc., appeals a final judgment entered in favor of Appellee, Adam K. Frisbie, and argues that the trial court erred in determining that Mr. Frisbie resigned from Appellant on February 25, 2010, and

2

that he did not breach his fiduciary duty to the corporation. For the reasons that follow, we agree that the trial court erred and, therefore, reverse... More...   $0 (04-25-2013 - FL)

In 2011, Appellant C.H. Canada (Carol) filed a bill of review challenging an agreed divorce decree that was signed on May 18, 2000. The trial court granted a combined traditional and no-evidence motion for summary judgment filed by W.R. Canada, Jr. (Ralph). Carol perfected an appeal, raising eleven issues challenging the summary judgment. We will affirm.

The trial court also found that Caro... More...   $0 (04-25-2013 - TX)

Albuquerque Tortilla Company sued Jaynes Corp. on a negligence, breach of contract and breach of fiduciary duty theories claiming that the construction of an addition to its bakery in 2006 caused mold to be found leading to a succession of problems for the family-owned food business. ATC claimed that the mold problem was hidden from it by Jaynes' employees.

ATC's owner claimed that they ... More...   $5000000 (04-19-2013 - NM)

This is an appeal from the trial court’s judgment releasing interpleaded funds to Peter G. Bennis and Cleburne Bible Church (CBC). We affirm.

Background

A detailed description of the history of the underlying trial court case preceding this interpleader action may be found in Bradshaw v. Steadfast

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1See Tex. R. App. P. 47.4.

2

Financia... More...   $0 (04-18-2013 - TX)

In five issues, Appellants Fain Family First Limited Partnership and Fain Family Management Corporation (collectively, FFFLP) appeal the trial court‘s

__________________

1See Tex. R. App. P. 47.4.

2

summary judgment for Appellee EOG Resources, Inc. We affirm in part and reverse and remand in part.

II. Background

In 2004, FFFLP and EOG entered into a ―p... More...   $0 (04-18-2013 - TX)

This is the second appeal in this suit filed by appellant Carolyn Barnes, plaintiff in the underlying proceeding, against appellees University Federal Credit Union (UFCU) and Government Employees Insurance Company (GEICO). In our prior opinion, we affirmed the trial court’s severance order and partial summary judgment in favor of UFCU and GEICO. Barnes’s remaining claims and UFCU’s countercl... More...   $0 (04-18-2013 - TX)

As we stated in our earlier opinion recorded at Tiara Condominium Association, Inc., v. Marsh & McClennan Companies, Inc., 607 F.3d 742 (11th Cir. 2010), this appeal arises from a contract between an insurance broker and the association responsible for managing the condominium tower located on Singer Island, Florida. The tower suffered extensive wind damage from two hurricanes in September 2004. T... More...   $0 (04-18-2013 - FL)

This case presents a challenge to the practice known in the 401(k) services industry as “revenue sharing�—an arrangement allowing mutual

2 Nos. 12-1081, 12-1213 & 12-2536

funds to share a portion of the fees that they collect from investors with entities that provide services to the mutual funds, the investors, or both. Although the practice has been commonplace for years, unti... More...   $0 (04-15-2013 - WI)

2 This case concerns the scope of Clackamas County's contractual obligation
3 to provide health insurance benefits to command officer retirees of the Clackamas County
4 Sheriff's Office. A contract between the county and command officers, including
5 plaintiff, Neil James, required the county to use a particular fund to pay for a certain level
6 of health insurance benefits to comm... More...   $0 (04-11-2013 - OR)

Appellant-Plaintiff, Dennis Fahlsing (Father), appeals the trial court’s denial of his motion for summary judgment in favor of Shannon Fahlsing (Shannon) and Angela Taylor (Angela) (collectively, the Daughters) and its order staying the action and compelling arbitration.

We affirm.

ISSUES

Father raises two issues on appeal, which we restate as follows:

(1) Whether the... More...   $0 (04-09-2013 - IN)

This case arises out of a contract dispute between Jeannette Martello, a medical doctor with a law degree, and Joshua Santana, a Kentucky attorney. The district court granted summary judgment for Santana on Martello’s breach of contract, fraud and fraudulent concealment of settlement, and

1

No. 12-5729 Martello v. Santana, et al. Page 2

breach of fiduciary duty claims. Marte... More...   $0 (04-09-2013 - KY)

Appellant Deana Pollard Sacks challenges the trial court‘s summary judgments in favor of appellees Brian Weil Zimmerman and Andrew Todd McKinney, IV. Zimmerman and McKinney have served as counsel for the defendants in underlying litigation in which Sacks is suing numerous parties. The trial court entered a take-nothing judgment as to Sacks‘ invasion of privacy claims against Zimmerman and McKi... More...   $0 (04-04-2013 - TX)

Appellants, Christopher Boehringer and Enginuity Engineering, Inc. (“EEI�), challenge the trial court’s judgment, entered after a jury trial, in favor of appellee, Mark A. Konkel, in Konkel’s suit against Boehringer and EEI for shareholder oppression. In five issues, Boehringer and EEI contend that the

2

evidence is legally and factually insufficient to support the jury’s f... More...   $0 (04-04-2013 - TX)

Barcas, LLC sued ONEOK Partners, L.P. on a breach of contract, breach of implied covenant of good faith & fair dealing, unjust enrichment, tortious interference with prospective economic advantage, and fraud in the inducement theories claiming:

1. Barcas, LLC is an Oklahoma Limited Liability Company which is authorized to conduct business in the State of Oklahoma. Barcas’s headquarters ... More...   $0 (04-04-2013 - OK)

Defendants and appellants Paul McClellan and San Dieguito Equine Group (together Dr. McClellan) are doctors of veterinary medicine. Dr. McClellan was retained by plaintiff and respondent Karen Quigley to perform prepurchase examinations on two performance horses named Syrus and Poncho. Dr. McClellan performed the prepurchase examinations and concluded that both horses were suitable for their inten... More...   $0 (03-28-2013 - CA)

This appeal arises from Veronica Chavez Vara’s legal malpractice claim against her attorney, Melissa Morgan Williams. Vara appeals the trial court’s grant of Williams’s traditional motion for summary judgment. For the reasons that follow, we affirm the trial court’s judgment.

FACTUAL AND PROCEDURAL BACKGROUND

In 2007, Vara hired Williams to represent her in a divorce proceedi... More...   $0 (03-28-2013 - TX)

Ncio W. Scheeres and Hellois Scheeres sued Paul Woodul on a breach of contract and other theories claiming:

1. Some or all of the acts, occurrences and omissions hereinafter set forth took place within Tulsa County, Oklahoma and the sum total of all claims meets the jurisdictional limits of the above-captioned Court. This Court has jurisdiction and venue is proper.

2. Plaintiffs ... More...   $0 (03-27-2013 - OK)

25 Plaintiff-Appellant John Doe appeals from a judgment of the United States District
26 Court for the Western District of New York (Telesca, J.) dismissing his complaint against
27 various Pennsylvania-based entities (the “Guthrie Defendants�) that Doe alleges own
28 Guthrie Clinic Steuben (the “Clinic�), a healthcare facility in Corning, New York.1 Doe’s
29 appeal princ... More...   $0 (03-25-2013 - NY)

Dr. Jayen Patel sued Tulsa Pain Consultants, Inc., P.C., Ebondie Titworth, Dr. Martin Martucci, M.D., Lame Nguyen, M.D., Alana Campbell, Robert Saenz, and Dr. Andreas Revelis, M.D. on breach of contract theories claiming:

1. Plaintiff is a physician residing in Tulsa County, Oklahoma.

2. Defendant Tulsa Pain Consultants, Inc., P.C. (hereinafter TPC’), is a domestic professional... More...   $0 (03-22-2013 - OK)