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Interlocutory Appeal Law

On November 6, 2014, Officer Dominick Vortherms, a drug enforcement officer with the Emporia Police Department, submitted his signed affidavit to Lyon County District Judge Douglas P. Jones, in support of the issuance of a search warrant for 709 Sylvan St., Apartment 13, in Emporia. The affidavit stated:

"On 11-05-2014 I met with Scott Sumpter who wanted to cooperate with the police dep... More...
   $0 (06-09-2017 - KS)

ROBERT SMYSER v. STATE OF KANSAS Aggravated criminal sodomy

In 2008, Smyser was charged with aggravated criminal sodomy after his 7-yearold stepdaughter, K.S., reported that he had slept with her, put a blanket over her head, and "'put his private part in her butt.'" Smyser, 297 Kan. at 201. At trial, K.S. testified to the sexual abuse. A SANE/SART nurse who examined K.S. the day after the abuse testified, describing multiple tears to K.S.'s anus as well a... More...   $0 (06-09-2017 - NE)


A jury convicted Kingsley of four 1991 crimes: first-degree murder on the alternative theories of both premeditated and felony murder, aggravated robbery, aggravated arson, and forgery. As part of the proceedings, the jury found three aggravating circumstances: (1) Kingsley committed the crime for pecuniary gain; (2) he committed the crime to avoid or prevent arrest or prosecution; and (3) he co... More...   $0 (06-09-2017 - KS)


A jury convicted Collier of first-degree premeditated murder and aggravated robbery. These crimes occurred in October 1993. The presentence investigation report showed eight prior convictions, including a 1988 adult conviction for aggravated burglary under K.S.A. 21-3716 (Ensley 1988), and two juvenile adjudications in 1987 and 1988 for the same offense.

At sentencing, the parties agree... More...
   $0 (06-09-2017 - KS)

STATE OF NEBRASKA V. BARRY L. CROFT Nebraska Court of Appeals

The State filed an information charging Croft with two counts of possession of a controlled substance. Croft filed a motion to suppress evidence obtained pursuant to the search of his vehicle,
alleging the search was done without a warrant and did not fit within the search incident to lawful arrest or any other recognized exceptions to the warrant requirement. At the suppression hearing, the... More...
   $0 (06-09-2017 - NE)


In 2007, Delgado was convicted of sexual assault of a minor and a jury trial was held, during which he was represented by William Madelung. Delgado was sentenced to 24 to 36 years’ imprisonment. The district court’s factual background as set forth in its postconviction order states that: Monday, April 9, 2007, was a non-school day at Gering High School. At approximately 8:00 [a.m.] on that day C... More...   $0 (06-09-2017 - NE)


At approximately 2:48 a.m. on April 13, 2014, 911 dispatch received a call from a man named Jeremy who stated that he was being followed by a black SUV and the occupants of the SUV were waving a handgun at him. Jeremy reported that he was driving a green Ford Expedition
- 2 -
and was northbound on 24th Street. He then provided an update to dispatch that he was westbound at 30th Street an... More...
   $0 (06-09-2017 - NE)


On August 3, 2015, the Sturgis Motorcycle Rally was underway in Sturgis, South Dakota. Shortly before 1:00 a.m., Sturgis Police Officers Mike Varilek and Tom Strickland (collectively, “the Officers”) received a report from another police officer that a male and female had entered a single-occupancy, portable toilet located in the middle of 2nd Street. Officer Varilek testified that such an event... More...   $0 (06-09-2017 - SD)


Talla was born in Barentu, Eritrea, in 1984 and immigrated to the United States as a refugee sometime around 2012. After living in Charlotte, North Carolina, for a short time, he moved to Sioux Falls, where he began a relationship with Ammuna Gayya. The two moved in together, and in late 2013, Gayya became pregnant with Talla’s child. In August 2014, prior to their child’s birth, Talla obtained... More...   $0 (06-09-2017 - SD)

Plaintiff Bernardino Santos-Rodríguez ("Santos") was injured in a boating accident when a
corroded rod end that was part of the boat's steering mechanism
failed. Santos and several relatives sued Defendant Seastar
Solutions ("Seastar"), the manufacturer of the boat's steering
mechanism, alleging a design defect and a failure to warn. Santos
app... More...
   $0 (06-08-2017 - PR)

Todd McKeague v. One World Technologies, Inc.

This appeal arises out of a civil case in which the plaintiff's two lawyers did nothing to
prosecute the plaintiff's claims within generous deadlines,
received a second chance, and then failed to oppose a pending
motion for summary judgment. On such a record, we find that the
district court did not abuse its discretion in failing to grant More...
   $0 (06-08-2017 - MA)

State of North Dakota v. Harold Dean Shick

On May 23, 2015, Skyler Seimears and Rusian Volochanskiy went to Shick's residence with a trailer to retrieve furniture and other equipment that belonged to Aster Electric. At that time, Seimears and Volochanskiy were employees of Aster Electric. Seimears and Volochanskiy drove a company truck to Shick's residence. Shick was home when Seimears and Volochanskiy arrived at his residence. According t... More...   $0 (06-08-2017 - ND)

Wilfrid Randall Nelson v. Amity Leigh Nelson

In this restricted appeal, appellant Wilfrid Randall Nelson seeks reversal of a no-answer default judgment rendered against him. In his first and second issues, Wilfrid contends that the judgment is void because he was not properly served with process. In his four remaining issues, Wilfrid contends that the trial court erred in awarding damages to appellee Amity Leigh Nelson. We find that Wilfrid ... More...   $0 (06-08-2017 - TX)

Camil Kreit, M.D. and Samir Kreit, M.D. v. Brewer & Pritchard, P.C.

Brothers Camil and Samir Kreit appeal the trial court’s final judgment confirming an arbitration award in favor of Brewer & Pritchard, P.C. for fees due under a contract for legal services. Camil and Samir argue the trial court erred in confirming, rather than vacating, the award because they did not agree to arbitrate disputes with Brewer & Pritchard, P.C. in their individual capacities. For the ... More...   $0 (06-08-2017 - TX)

Amy Powell v. CIT Bank, N.A., f/k/a OneWest Bank, N.A., f/k/a OneWest Bank FSB

This appeal arises out of a dispute between a property owner and a bank seeking to foreclose its lien on the property. The bank’s assignor acquired the lien
1 We grant appellee’s motion for rehearing in part, deny the motion in part, withdraw the memorandum opinion issued on December 15, 2016, and issue this substitute opinion.
in a reverse-mortgage transaction. The borrower later di... More...
   $0 (06-08-2017 - TX)

Nora S. Guiterrez v. Eloisa Garcia

This is an appeal from a judgment of eviction rendered in favor of appellee Eloisa
Garcia (Eloisa) following a de novo appeal from the justice court to the trial court. By three
issues, which we address out of order, appellants Nora Gutierrez, Belinda G. Pompa, and
Jorge Ruben Pompa assert that: (1) the trial court lacked jurisdiction over this matter; (2)
the trial court committed... More...
   $0 (06-08-2017 - TX)

Yulma Molina v. Hurricane Harbor, L.P.

Yulma “Janet” Molina appeals from a take nothing judgment in her lawsuit against Hurricane Harbor, L.P. for negligence. In two issues, Janet challenges the admission of certain evidence and the sufficiency of the evidence. We affirm.
Janet sued Hurricane Harbor for negligence arising out of injuries she sustained while on the “Mega Wedgie,” a water slide located at Hurricane Har... More...
   $0 (06-08-2017 - TX)

John Patman v. State Farm Lloyds

John Patman appeals the trial court’s order assessing costs against him after he filed a notice of nonsuit of his claims against State Farm Lloyds (State Farm). In one issue, Patman argues that the trial court abused its discretion by ordering that he pay court costs to State Farm because State Farm filed its motion seeking reimbursement for court costs after Patman filed his notice of nonsuit. We... More...   $0 (06-08-2017 - TX)

Robert J. Johnson v. Oscar O. Tena and Michael Garcia

Two years after a vehicle accident in Midland, Robert J. Johnson sued Oscar
O. Tena, the owner of a pickup that was involved in that accident. Johnson alleged
that he had sustained bodily injuries and property damage in the accident. Five
months after the limitations deadline had expired, Johnson sued Michael Garcia,
Tena’s nephew, who was the driver of Tena’s pickup at the time of... More...
   $0 (06-08-2017 - )

WG&D Masonry, LLC v. Long Island's Finest Homes, LLC

WG&D Masonry, LLC, a Texas company, sued Long Island’s finest Homes, LLC, a New York company, in Texas for breach of contract and other causes of action in connection with two leases of short term rental homes in New York and the subsequent withholding of the security deposit for the first lease. Long Island filed a special appearance. After both parties responded multiple times, attaching affidav... More...   $0 (06-08-2017 - TX)

Gary Spivey, Owner of America's Choice Roofing and AmChoice, LLC dba America's Choice Roofing v. Joann Goodwin

In four issues, appellants, Gary Spivey, owner of America’s Choice Roofing, and AmChoice, LLC, challenge the trial court’s judgment. Specifically, appellants contend that the trial court erred by: (1) failing to award judgment for appellants under a written contract with appellee, Jo Ann Goodwin; (2) granting relief on a theory of breach of implied warranty that was not pleaded or supported; (3) f... More...   $0 (06-08-2017 - TX)

In the Interest of A.N.Z., a child

This appeal involves the award of attorney’s fees under an agreement incorporated into the parties’ divorce decree. Mother filed a motion to modify Father’s child support. Father later filed a counter-motion seeking to eliminate his child-support obligation. After a hearing on the motions, the trial court terminated Father’s child-support obligation, denied Mother’s request for attorney’s fees, an... More...   $0 (06-08-2017 - TX)

Raquel C. Vidaurri v. Hal Harris, Individually, and Hal Harris Insurance Agency

Raquel Vidaurri appeals the trial court’s summary dismissal of her claims against Harold James Harris. She argues the trial court erred by granting Harris’s motion for summary judgment on his limitations defense based on the discovery rule. Because Vidaurri does not challenge the other grounds for the trial court’s summary judgment, we affirm.
Harris insured several of Vidaurri’... More...
   $0 (06-08-2017 - TX)

ConocoPhillips Company v. Leon Oscar Ramirez, Jr., Individually, and Jesus M. Dominguez, as Guardian for Minerva Clementina Ramirez, an incapacitated person, Individually

ConocoPhillips Company and Rodolfo C. Ramirez, Individually and as Independent Administrator of the Estate of Ileana Ramirez, and El Milagro Minerals, Ltd. appeal the trial court’s judgment declaring that appellees Leon Oscar Ramirez, Jr., individually, and Jesus M. Dominguez, as Guardian of the Estate of Minerva Clementina Ramirez, an Incapacitated Person, each own a 1/12 mineral interest in the ... More...   $0 (06-08-2017 - TX)

Robert Davenport and Jayne Edison v. Dr. Samuel Maxwell Adu-Lartey and Athletic Orthopedics and Knee Center, P.A. d/b/a AOK Orthopedics

Robert Davenport and his wife sued Dr. Samuel Adu-Lartey and an orthopedic clinic for negligence in connection with back surgery. The trial court granted summary judgment in favor of the defendants, based on their limitations
defense. The appellants contend that they filed suit within the applicable limitations period and, alternatively, that limitations had not run because Dr. Adu-Larte... More...
   $0 (06-08-2017 - TX)

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