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Hotel Law
 
Toni Dykhoff v. Xcel Energy and CCMSI

Relator Toni Dykhoff fell and dislocated her left patella while attending a required training session at the general office of her employer, Xcel Energy. Dykhoff filed a claim for workers’ compensation benefits. The compensation judge held a hearing, found that Dykhoff’s injury did not arise out of and in the course of her employment, and denied Dykhoff’s claim. Dykhoff appealed to the Worke... More...   $0 (12-26-2013 - MN)

Rebecca J. Harris v. McClary Enterprises, Inc. d/b/a Sure Shot Pest & Weed Control

Rebecca J. Harris, individually and as parent and next friend of D. Harris, C. Harris and T. Smith sued McClary Enterprises, Inc. d/b/a Sure Shot Pest & Weed Control on negligence theories claiming:

1. Plaintiffs, Rebecca J. Harris and her children, are residents of the City of Oklahoma, Oklahoma County, Oklahoma.

2. Defendant McClary Enterprises, Inc. d/b/a Sure Shot Pest & Weed... More...
   $17000 (12-20-2013 - OK)

Lanty Wylie and Patricia Wylie v. Hide-a-Way Lake Club, Inc. and Hide-a-Way Lake Community Church

Lanty Wylie and Patricia Wylie appeal the trial court’s orders denying their motion for summary judgment and granting Appellees, Hide-A-Way Lake Club, Inc.’s and Hide-A-Way Lake Community Church’s, respective motions for summary judgment as well as its awards of attorney’s fees to Appellees. The Wylies raise six issues on appeal. We affirm.

BACKGROUND

Hide-A-Way Lake is a res... More...
   $0 (12-20-2013 - TX)

Susan Lee Flaherty v. Jerald Charles Flaherty

The former wife appeals the final judgment of dissolution. She specifically challenges the circuit court's determination that the parties' prenuptial agreement was valid and enforceable as a result of the application of laches and ratification. She does not challenge the trial court's determination that she is not entitled to any alimony under section 61.08, Florida Statutes (2012). Because it is ... More...   $0 (12-20-2013 - FL)

James Patrick Phillips v. Stacey Lynn Phillips

James Patrick Phillips appeals from an Agreed Final Decree of Divorce and an order denying his motion for new trial. James contends that his attorney lacked authority to sign a Rule 11 agreement on his behalf while James was in federal prison. We affirm.

2

BACKGROUND

James and Stacey Lynn Phillips were married on May 15, 2003. During their marriage they had one son, J.M.... More...
   $0 (12-19-2013 - TX)

United States of America v. Jodi Churchill

The United States of America charged Jodi Churchill, age 45, with:

Complaint Citation: Offense Level: 4
18:1343.F WIRE FRAUD
Defendant Custody Status: Custody This Court

The Government claimed that Churchill embezzled more than $600,000 from a synagogue where she was the president.

Defendant used the stolen funds to pay school-related expenses for he... More...
   $0 (12-19-2013 - CT)

Oncor Electric Delivery Company LLC v. James Milton Schunke

Oncor Electric Company LLC appeals from a judgment rendered on a special commissioners’ award in a condemnation case. We conclude the trial court erred in rendering judgment on the commissioners’ award. We therefore reverse and remand for further proceedings.

BACKGROUND

A condemnation action begins as an administrative proceeding and, if necessary, may be converted to a judicial... More...   $0 (12-18-2013 - TX)

Carman Llerena Diaz v. Jiten Hotel Management, Inc.

Before us now for the third time, this case focuses our attention on whether the mandate we issued last time the case was before us foreclosed an otherwise unchallenged use of Federal Rule of Civil Procedure 60(a) to modify the judgment on remand. We are also asked to determine whether an award of $104,626.34 in attorney's fees and costs, for a suit obtaining a damages award of $7,650, is so dispr... More...   $0 (12-18-2013 - OK)

Richard Burton v. Arkansas Secretary of State

Richard A. Burton sued his former employer, Arkansas Secretary of State Mark Martin ("Secretary of State"), in his official capacity, and the Chief of the Arkansas State Capitol Police, Darrell Hedden, in his individual and official capacity, (collectively, "state defendants") for race discrimination and retaliation under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, e... More...   $0 (12-17-2013 - AR)

Oncor Electric Delivery Company, LLC v. Carl H. Brockriede

These are consolidated permissive interlocutory appeals arising from eminent domain proceedings. In three issues, Oncor Electric Delivery Company, LLC contends that a trial court properly complies with section 21.049 of the property code by sending notice of a special commissioner’s award solely to a party and not the party’s attorney, even if the party is represented by counsel and that fact ... More...   $0 (12-12-2013 - TX)

Kim Muniz v. United Parcel Services, Inc.

Kim Muniz sued her employer United Parcel Service, Inc., (“UPS”) in California State Superior Court for employment-related discrimination in violation of California’s Fair Employment and Housing Act (“FEHA”), California Government Code § 12900. Muniz made no federal claim. UPS removed the case to federal court on the basis of diversity of citizenship. The case was tried to a jury which ... More...   $0 (12-05-2013 - CA)

Wallace Roofing, Inc. and Royce Dean Wallace v. Linda Benson

Appellant Wallace Roofing, Inc. (Wallace Roofing) brought suit against appellee Linda Benson (Benson) for breach of contract alleging she had failed to pay money owed on a contract for roofing and home repairs. Benson brought counterclaims under the Texas Debt Collection Practices Act (TDCPA), a tie-in statute to the Deceptive Trade Practices Act (DTPA), alleging that Wallace Roofing’s unlawful ... More...   $0 (11-27-2013 - TX)

Christopher Edomwande v. Julio Gaza & Sandra F. Gaza

Appellant Christopher Edomwande sued Appellees Julio Gaza and Sandra F. Gaza for injuries Edomwande sustained in a car accident in 2008. Edomwande filed suit in Dallas County and later agreed to transfer the case to Tarrant County.

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

2

On August 27, 2012, the case was called to a jury trial with Edomwande present. Immediately prior to the commencement ... More...
   $0 (11-27-2013 - TX)

Alicia Faye Baxter v. State of Florida

Alicia F. Baxter claims that the imposition of a twenty-year state prison sentence, which followed her rejection of the trial court’s offer of eleven months and twenty-nine days in county jail, meets the standard for what is known as “judicial vindictiveness.” In addition, she claims the trial court erred by refusing to

2

allow her to accept the initial offer after she rejected... More...
   $0 (11-26-2013 - FL)

Alicia Faye Baxter v. State of Florida

Alicia F. Baxter claims that the imposition of a twenty-year state prison sentence, which followed her rejection of the trial court’s offer of eleven months and twenty-nine days in county jail, meets the standard for what is known as “judicial vindictiveness.” In addition, she claims the trial court erred by refusing to

2

allow her to accept the initial offer after she rejected... More...
   $0 (11-26-2013 - FL)

Issiah Andra v. Left Gate Property Holdings, Inc.

Issiah Andra appeals the judgment of the trial court dismissing Andra’s claims against Left Gate Property Holding, Inc., d/b/a Texas Direct Auto (“Left Gate”) for lack of personal jurisdiction. We affirm.

I. BACKGROUND

In July 2011, Andra purchased a 2007 GMC Yukon XL Denali (“the vehicle”) which was offered for sale by Left Gate on the eBay website. Andra reviewed the info... More...
   $0 (11-26-2013 - MO)

Sikhs for Justice v. Parkash Singh Badal

This appeal presents a single issue, which is whether the defendant was served with process; yet the case could be the basis for a novel of international intrigue. Sikhism is an Indian religion. Most Sikhs live in the northwestern Indian state of Punjab. The state’s highest official is its Chief Minister. Parkash Singh Badal, the defendant

2 No. 13‐2316

in this case—a Sikh of c... More...
   $0 (11-26-2013 - WI)

William M. Daniels v. Warren E. Agin

Ruling on motions for summary judgment in a bankruptcy proceeding, the bankruptcy court made two determinations that are the primary subject of this appeal. First, the court ruled that the debtor failed to maintain his profit-sharing plan in substantial compliance with the applicable tax laws. This ruling meant that assets in the profit-sharing plan and two IRAs funded with plan assets were part ... More...   $0 (11-25-2013 - MA)

D.T. v. Catholic Docese of Kansas City-St. Joseph

The question presented in this appeal is whether the supervisory hierarchy of a religious organization is to be treated differently under the law when it knows that sexual predator-related harm is certain or substantially certain to occur to child parishioners by a member of the clergy it supervises, but in one instance the harm happens to be perpetrated on church property, and in the other instan... More...   $0 (11-12-2013 - MO)

Linda Brumfield v. City of Chicago

These consolidated appeals raise a question of first impression in this circuit: Does Title II of the Americans with Disabilities Act (“ADA”) cover employmentrelated disability discrimination? Title II provides that state and local governments may not exclude eligible disabled persons from “participation in” or “the benefits of” governmental “services, programs, or activities” or o... More...   $0 (11-06-2013 - IL)

Marc Ripps v. City of Coconut Creek

Issues of standing, land use planning a n d zoning, statutes, ordinances, a casino, and three residents are the ingredients of this petition for second tier certiorari from an appellate decision of the circuit court. The circuit court denied the residents’ challenges to the City’s zoning ordinances relating to the construction of a hotel and parking garages servicing the Seminole Casino Coconu... More...   $0 (11-06-2013 - FL)

Michael L. Lobato v. State of New Mexico

Michael Lobato was a probationary employee at the New Mexico Environmental Department’s Farmington office. His status as a probationary employee meant he could be fired at will and without a right to appeal the decision, so long as the department’s reasons were provided in writing. Before completing his probationary period, Lobato was fired. In a letter explaining its decision, NMED cited Loba... More...   $0 (11-05-2013 - NM)

Daniel Montoya v. Alfonso Barragan

Dr. Alfonso Barragan appeals the trial court’s order granting plaintiffs’ new trial motion on the ground of insufficiency of the evidence of causation and irregularity in the proceedings. Plaintiffs Daniel Montoya, Moises Montoya, Saul Montoya and Antonio Montoya (plaintiffs) are the family of decedent Olivia Montoya (Montoya), who died while in Dr. Barragan’s care. After their complaint for... More...   $0 (11-03-2013 - CA)

Granada Lake Villas Condominium Association, Inc. v. Metro-Dade Investments Co., et al.

Granada Lakes Villas Condominium Association (“Granada”) argues that the Second District Court of Appeal in Metro-Dade Investments, Co. v. Granada Lakes Villas Condominium, Inc., 74 So. 3d 593 (Fla. 2d DCA 2011), erred because sections 617.1432, 718.117, and 718.1124, Florida Statutes (2010), restrict a trial court’s inherent, equitable authority to appoint a receiver in an action involving ... More...   $0 (10-31-2013 - FL)

CAMERON COUNTY, TEXAS CARLOS H. CASCOS, SOPHIA BENAVIDES, JOHN WOOD, DAVID A. GARZA AND EDNA TAMAYO v. FRANK A. TOMPKINS, INDIVIDUALLY AND AS TRUSTEE, AND CAROLYN TOMPKINS YOUNG

Ownership of land that comprises a portion of Andy Bowie Park on South Padre Island is at issue in this lawsuit. Appellant Cameron County leased the land to a third party so that a hotel could be built on it. Appellees Frank A. Tompkins, individually and as Trustee, Carolyn Tompkins Young, Perry Tompkins, and Lawrence Young1 (collectively “the Tompkinses”) sued Cameron County, Cameron County J... More...   $0 (10-24-2013 - )

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