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Joint Tenancy Law
 
Traci R. Rowe v. Michael B. Rowe and Donelle H. Ratheal

¶1 Traci R. Rowe (Mother) and Michael B. Rowe (Father) were divorced in 1998. They had one minor child, born December 18, 1996. In 2002 a shared parenting plan was entered into, with both parents having decision-making authority. On October 29, 2003, Donelle H. Ratheal was appointed as the guardian ad litem for the minor child. The order of appointment vested the guardian ad litem with the powers... More...   $0 (09-22-2009 - OK)

Daniel Hearne v. Diane Banks

This case concerning the ownership of certain real property in Fort Smith is before us for the third time.1 Appellants Daniel Hearne and his wife Debora Hearne claimed an interest in this property by virtue of two deeds, one from Daniel Hearne’s mother, and the other from David Banks, the former husband of appellee Diane Banks. The circuit court held that the deed from Hearne’s mother failed f... More...   $0 (09-16-2009 - AR)

Daniel M. Massey v. Lucile R. Jacko Hrostek

This appeal arises from a partition action brought by plaintiff Daniel Massey against defendant Lucille Hrostek. In that action, Hrostek was ordered to sign over title to their jointly owned $450,000 vacation home on nineteen acres of land without receiving any compensation from Massey. We reverse and remand.

¶ 2. When Massey brought this partition action, the parties were th... More...
   $0 (07-02-2009 - VT)

Bank of Oklahoma v. Regina Ashley

¶1 Defendant, Regina Ashley n/k/a Williams, appeals from the trial court's denial of her motion to release a judgment lien held by Plaintiff, Bank of Oklahoma (Bank). At issue is a question of first impression: Does a pre-existing judgment lien on a debtor's real property survive a bankruptcy discharge in light of 12 O.S.2001 § 706(E)(2)? We find that it does and affirm.

FACTS

¶2 ... More...
   $0 (05-14-2009 - OK)

Suzanne Russell v. Chase Investment Services

¶1 The United States District Court for the Northern District of Oklahoma, pursuant to the Revised Uniform Certification of Questions of Law Act, 20 O.S.2001, §§ 1601-1606, certified the question:

Does the appointment of a general guardian withdraw all of the assets from the estate of a ward subject to a durable power of attorney, such that the person holding power of attorney is without... More...
   $0 (04-07-2009 - OK)

Donald Reese Campbell v. Wendy L. Jordan a/k/a Wendy Jean Lynch Jordan; Mary Alice Richardson; Elizabeth L. Langley a/k/a Elizabeth Ann Lynch and Harvey R. Campbell

Donald Campbell ("Donald") instituted this partition action against his two siblings, Mary Alice Richardson and Harvey Campbell, and his two nieces, Wendy Jordan and Elizabeth Langley ("the nieces"). After ruling that an in kind partition was appropriate, the special referee ordered that the real property be surveyed and subdivided. On appeal, the nieces claim the special referee erred in refusi... More...   $0 (03-24-2009 - SC)

Scott D. Elder, D.D.S. Profit Sharing Plan v. Creative Finance & Investments, L.L.C., et al.

¶1 Appellant David Sherick (Sherick) appeals from the order of the Twenty-First Judicial District Court, Ravalli County, granting summary judgment in favor of Respondent Scott D. Erler (Erler). We affirm.

¶2 We consider the following issue on appeal:

¶3 Did the District Court err in ruling that Leota Osburn and Donald Hill ratified the forged deed transferring property to Erler?More...
   $0 (02-18-2009 - MT)

Jeanette C. Nicholson, Ph.D. v. James C. Shafe, et al.

This appeal calls upon us to address the scope of the Rooker-Feldman1 doctrine, which provides that “lower federal courts are precluded from exercising appellate jurisdiction over final state-court judgments.” Lance v. Dennis, 546 U.S. 459, 463 (2006). The Supreme Court has only applied the Rooker-Feldman doctrine as a bar to jurisdiction on two occasions, the first instance being Rooker and t... More...   $0 (02-18-2009 - GA)

Margaret Dickinson v. Kris Thomas

[¶1] Appellant, Margaret Dickson (Dickson), seeks review of a district court order which quieted title to the property at issue in this appeal, to Dickson and the Appellee, the Estate of John Emmanuel Thomas (Thomas), “in equal shares as tenants in common.” Thomas was Dickson‟s brother. Dickson contends that the quiet title action should have resulted in recognition that the two siblings h... More...   $0 (01-29-2009 - WY)

Mary Rector v. Clifford Tatham, Patricia Disque and Ruth Strickland

This appeal requires us to decide the propriety of the district court's dismissal of plaintiff Mary Rector's lawsuit against her defendant siblings to enforce the terms of a mediated settlement agreement.

The handwritten agreement at issue–evidently arrived at in hope of resolving several ongoing disputes among Rector and her brother, Clifford Tatham, and her sisters, Patricia Disque and ... More...
   $0 (11-21-2008 - KS)

Patricia Polly v. The Estate of Lee Polly and Janice K. Walker-Taylor

On May 15, 1982, Patricia Borden and Lee Polly signed a Pre-Nuptial Agreement that provided, "as long as the parties are living together as husband and wife, any earnings of LEE shall be treated as joint funds." Nuptials followed. Lee later opened an account in joint tenancy with his daughter from a previous marriage, Janice Walker.

Lee died on June 4, 2003. His will named Patricia and Ja... More...
   $0 (10-20-2008 - IL)

Gaetano Zanelli v. Thomas McGrath

Gaetano Zanelli (Zanelli), the owner of property commonly known as 66 Clarendon Avenue, appeals from a judgment quieting title to an adjacent property owned by Thomas McGrath (McGrath) commonly known as 60 Clarendon Avenue. After a court trial, the court found that Zanelli has no enforceable view easement burdening McGrath’s property, either because the easement was extinguished by merger, or wa... More...   $0 (09-02-2008 - CA)

Roberta Fernandez-Fox v. Estate of David P. Lindsay, Deceased

Roberta Fernandez-Fox appeals a trial court order denying her petition for an extension of time to file an independent action against the estate of David P. Lindsay. Fox argues that the trial court erred in finding that a motion to strike was the same as an objection and, because the trial court's order was premised on this finding , reversal is required. We agree and reverse.

Fox a... More...   $0 (01-14-2008 - FL)

James Douglas Moos v. Judy Gayle Moss

1 James Douglas Moss (Brother) appeals the trial court's July 31, 2006, order which found Judy Gayle Moss (Sister) retained a life estate in property owned by Brother and which divided partnership assets between the two. We affirm in part, reverse in part, and remand with directions.

FACTS

2 The siblings' parents owned 149 acres in Murray County. Calvin, their Father, held fee title to 3... More...   $0 (12-14-2007 - OK)

Zlata Ilic-Lee v. Michael B. Mukasey, Attorney General

Petitioner Zlata Ilic-Lee petitions this court for review of two Board of Immigration Appeals' ("BIA") decisions that (a) affirmed the Immigration Judge's ("IJ") denial of petitioner's motion for continuance, (b) vacated the IJ's denial of petitioner's motion to reopen, and (c) denied petitioner's direct motion to reopen. For the reasons that follow, we AFFIRM the decisions of the BIA and D... More...   $0 (11-26-2007 - MI)

D. Bartlett v. S. Bartlett

¶1 Defendant/Appellant S. Bartlett (Wife) appeals from the Decree of Divorce as well as other court orders in this dissolution proceeding filed by Plaintiff/Appellee D. Bartlett (Husband). We hold that the trial court erred in finding that Husband rebutted the presumption of a gift which arose when Husband placed the marital residence and six other properties in joint tenancy with Wife; we theref... More...   $0 (02-10-2006 - OK)

Genevieve Lynn Orud, et al. v. Nancy A. Groth, et al.

The appellant, Nancy Groth, appeals an adverse judgment in an action brought by her siblings to obtain their share of the proceeds from the sale of property originally owned by the parties' mother. The plaintiffs filed a cross-appeal asserting the court erred in failing to enter judgment against the other defendants, in calculating the plaintiffs' damages, and in failing to order partition of ... More...   $0 (01-16-2006 - IA)

Joe B. Hall v. TWS, Inc.

In an action to collect on a judgment against Raymond Moore, TWS, Inc. obtained a charging order against his interest in a purported mining partnership with Joe B. Hall and subsequently purchased his interest at a foreclosure sale and sued to dissolve the partnership. The superior court found that, although Moore and Hall formed a partnership at will in 1990, the partnership was dissolved i... More...   $57508 (06-23-2005 - AK)

Donald J. Thiel, et al. v. Harold L. Miller, et al.

Diane Adell Burtrum, Robert Clay Killion, Nina Claire Tanner, Barbara Thiel, Michael M. Reece, Phillip Reece, and Donald J. Thiel appeal from the judgment of the Circuit Court of Daviess County for Day Miller (DM), individually, and as the defendant ad litem for Harold L. Miller (HM), deceased, (FN1) on the appellants' claim against DM and HM for legal malpractice. The appellants, other than ... More...   $0 (05-14-2005 - MO)

Duane Sprout, Executor of the Estate of Terry Lee Lown v. Kathryne A. Sampson

Kathryn Sampson appeals a district court ruling ordering her to relinquish a certificate of deposit to the Estate of Terry Lowns. We reverse and remand.

I. Background Facts and Proceedings

Kathryn Sampson and Terry Lowns dated intermittently for several years. In September 2001 Lowns discovered he had terminal cancer. The same month, he executed a will naming Sampson execut... More...   $65000 (12-29-2004 - IA)

Regina G. Brewer v. Jenet Schalansky, et al.

This is a Medicaid eligibility case in which the Kansas Department of Social and Rehabilitation Services (SRS) denied the application for benefits filed by Joan Seiker Wilson for her aunt, Regina Brewer (petitioner/appellee). SRS found that Brewer had nonexempt available resources in excess of regulatory limits because she held stocks worth approximately $33,000 in joint tenancy with two nieces... More...   $0 (12-29-2004 - KS)

Mary Ann Heaps v. William Russell Heaps, et al.

This case illustrates the sort of unexpected complications that can arise from the so-called "living trusts" which are hawked so aggressively these days. The bottom line here is that the casual use of a living trust as a quickie estate planning device meant that a husband was worth a lot less than his second wife thought he was worth when she married him. Unbeknownst to her, the husband's ... More...   $0 (11-19-2004 - CA)

Food Services Corporation, Plaintiff-Respondent, v. Jeremy Francis Rheam

Food Services Corporation ("Food Services") brought an action against Jeremy Francis Rheam ("Jeremy") asking the trial court to quiet title to the property at issue, declare that Food Services owns an undivided one-half interest in the property, and allow Food Services to partition said property and receive one-half of the net proceeds of a sale of the property. The trial court granted summary ... More...   $0 (10-05-2004 - MO)

Paul D. Mannick and Kathy P. Mannick v. Robin G. Wakeland

{1} This appeal involves two related cases: a foreclosure case, in which Paul and Kathy Mannick (the Mannicks) foreclosed on a judgment lien against Robin Wakeland's (Wakeland) property, and a waste case, in which the Mannicks and their successor in interest, Coppler & Mannick, P.C., sought to recover damages from Wakeland for actions she took to devalue the property that was the subject... More...   $0 (08-24-2004 - NM)

Deborah L. Spooner v. Stephen A. Spooner

[1] Stephen A. Spooner appeals from the divorce judgment entered in the District Court (Lewiston, Daigle, J.), which determined that an investment account containing shares of stock was the nonmarital property of Deborah L. Spooner. Stephen contends that the stock in the account is marital property because (1) it was received from Deborah's mother's trust during the marriage; (2) Deborah's m... More...   $0 (05-28-2004 - ME)

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