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 - )

James L. Guthrie (Guthrie) appeals from the trial court’s entry of summary judgment in
favor of Hidden Valley Golf and Ski, Inc., (Hidden Valley) and Peak Resorts, Inc., (Peak
Resorts) (collectively referred to as Defendants) on Guthrie’s claim for personal injuries
following an accident while snow tubing on Defendants’ property. We affirm.

Factual and Procedural Backgro... More...   $0 (05-21-2013 - MO)

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)

In an attempt to avert the foreclosure of her home, plaintiff Susan Young sought to modify the terms of her mortgage pursuant to the Home Affordable Modification Program ("HAMP"), a federal initiative that incentivizes lenders and loan servicers to offer loan modifications to eligible homeowners. When Young's efforts did not result in a permanent loan modification, she sued defendants Wells Fargo... More...   $0 (05-21-2013 - MA)

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)

In this case, we consider a certified question concerning the award of compensation under the Florida Birth-Related Neurological Injury Compensation Plan (the Plan). We have for review the decision of the Fifth District Court of Appeal in Samples v. Florida Birth-Related Neurological, 40 So. 3d 18 (Fla. 5th DCA 2010). The Fifth District upheld the constitutionality of section 766.31(1)(b)1, Florid... More...   $100000 (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 touches on critical and sensitive issues of tribal membership that are generally beyond our review because “[a] tribe’s right to define its own membership for tribal purposes has long been recognized as central to its existence as an independent political community.â€� Santa Clara Pueblo v. Martinez, 436 U.S. 49, 72 n.32 (1978). This matter comes to us under the Administrative Proced... More...   $0 (05-16-2013 - CA)

The United States of American charged Joshua Wayne Lankford, age 39, securities fraud and aiding and abetting securities fraud in violation of 15 U.S.C. 78j; money laundering and aiding and abetting money laundering in violation of 18 U.S.C. 1957; and wire fraud in violation of 18 U.S.C. 1343.

Defendant fled to Costa Rica in 2008 before being indicted where he assumed a different identity a... More...   $0 (05-16-2013 - OK)

Appellant/Cross-Appellee Bengal Motor Company, d/b/a Maroone Honda (“Marooneâ€�) appeals from a final summary judgment in favor of Appellee/Cross- Appellant Michelle Cuello (“Cuelloâ€�) on count two of Cuello’s First Amended Complaint, while Cuello cross-appeals from the final summary judgment in Maroone’s favor on counts one, three, four and five of the First Amended Complaint. Our standa... More...   $0 (05-15-2013 - FL)

D & W Development (D & W) appeals from the grant of summary judgment in favor of the City of Milford (City) and Bryan Read. D & W argues the district court improperly granted summary judgment as to its claims of negligence, unjust enrichment, negligent misrepresentation, and legal fraud. The City and Read respond that the district court correctly granted summary judgment on D & W’s claims, and r... More...   $0 (05-15-2013 - IA)

White Enterprises, Ltd. protested valuations of its real estate for tax assessment purposes in 2010 and 2011, which protests were rejected by the board of review. White Enterprises appeals from the district court’s dismissal of its consolidated petitions protesting the assessments. Because the taxpayer failed to prove the assessments were excessive or inequitable, we affirm.

I. Scope and ... More...   $0 (05-15-2013 - IA)

Defendant-Appellant Lloyds of London Syndicate 2003 (“Lloydsâ€�) appeals the district court’s denial of its summary judgment motion and subsequent grant of summary judgment in favor of Plaintiff-Appellee Brecek & Young Advisors, Inc. (“BYAâ€�) in an action arising out of a professional liability insurance contract. The district court concluded Lloyds failed to pay sufficient indemnity to BYA... More...   $0 (05-13-2013 - CO)

This is an appeal from a grant of summary judgment in favor of plaintiff PHL Variable Insurance Company ("PHL") in its equitable action for rescission of a life insurance policy and special damages incident to the rescission of that policy. See PHL Variable Ins. Co. v. P. Bowie 2008 Irrevocable Trust, 889 F. Supp. 2d 275 (D.R.I. 2012). The district court found that the defendant, The P. Bowie 200... More...   $0 (05-13-2013 - RI)

Randy Gay sued Dolores Green on a negligence theory claiming to have been injured and/or damaged as a direct result of Green's failure to exercise due care. The specifics of the claims made by the Plaintiff are not available.

1. Defendant Dolores Green generally and specifically denies each and every material allegation contained in the Petition filed on behalf of the Plaintiff except th... More...   $1 (05-10-2013 - OK)

The United States of American charged Kathy Morris, age 46, with twenty-six counts of aiding and assisting in the preparation of false income tax returns in violation of 26 U.S.C. 7206.

A federal grand jury alleged that she assisted in the preparation of fraudulent returns on behalf of seven individuals or couples from April 2009 through April 2011. The tax loss to the government is thoug... More...   $0 (05-10-2013 - OK)

A former senior executive of Texas-based ArthroCare Corp., a publicly traded medical device company, pleaded guilty today for his role in a scheme to defraud the company’s shareholders and members of the investing public by falsely inflating ArthroCare’s earnings, announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and U.S. Attorney... More...   $0 (05-10-2013 - TX)

Appellee Jeannette Hooper and her husband Charles, now deceased, sued appellants for legal malpractice. The case was tried to a jury, and the trial judge rendered judgment in Jeannette Hooper’s favor on the jury verdict. On appeal, appellants raise four points of error challenging the sufficiency of the evidence and the correctness of the jury charge. Concluding that the jury charge was erroneou... More...   $0 (05-09-2013 - TX)

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)

In six issues, Appellants Rukmi Indah Idniarti, Rubby Valentina Issakh, Yohannes Roditya, Mulyani Irianti, Dina Novia Sari, Novianti Debby Putri, Drrj Tri

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

2

Saputra, and Siti Sarah (collectively, Idniarti) appeal the trial court’s no-evidence summary judgment for Appellees Bell Helicopter Textron, Inc. and Bell Helicopter Korea, Inc. (collect... More...   $0 (05-09-2013 - TX)

We affirm the trial court‟s judgment holding defendant Bruce Elieff liable for misstating his authority to bind a group of real estate businesses known as the “Joint Entitiesâ€� in the course of agreeing to buy out his former partner, plaintiff Todd Kurtin. We affirm the trial court‟s posttrial order denying Elieff‟s motion for judgment notwithstanding the verdict. And we affirm the trial ... More...   $0 (05-09-2013 - CA)

Michael Dobek ("Dobek") appeals the final summary judgment entered in favor of the City of Minneola (the "City"). The trial court determined that a Release and Settlement Agreement (the "Release") was a complete bar to Dobek's lawsuit against the City. Dobek alleges that the trial court erred because there is a latent ambiguity in

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the Release that creates an issue of fact, which wo... More...   $0 (05-08-2013 - FL)

Dorothy Evans suffered injuries while in the care of a nursing home, Consulate Health Care of Sarasota, whose license holder is Sarasota Facility

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Operations, LLC. Evans's grandson, John Manning, who holds her power of attorney, sued the nursing home entities for negligence. They moved to compel arbitration under an agreement Manning signed on Evans's behalf. The circuit court den... More...   $0 (05-08-2013 - FL)

When Appellant Joan LaPlante's once-successful factoring business ran into serious financial trouble, she allegedly defrauded a number of lenders to obtain more money to help get her out of the mess. After a government investigation, indictment and five-day trial, a jury convicted LaPlante of mail fraud under 18 U.S.C. § 1341. LaPlante now appeals her conviction, challenging the district court's ... More...   $0 (05-08-2013 - NH)

24 Several individual investors appeal from Judge Crotty’s
25 dismissal of their complaint alleging securities fraud in
26 violation of Section 10(b). We dispose of this appeal by both
27 summary order and opinion. In the summary order issued
28 simultaneously with this opinion, we affirm in part and vacate
29 and remand in part with regard to most appellees. In this
30 o... More...   $0 (05-07-2013 - NY)