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Jonathan Albert Leal v. The State of Texas

Appellant Jonathan Albert Leal was stopped for failing to yield the right of way. Appellant was arrested on suspicion of driving while intoxicated (DWI) and, over his explicit refusal, compelled by the arresting officer to submit to a warrantless intrusion into his veins. Appellant was convicted of felony DWI. See Tex. Penal Code Ann. §§ 49.04, 49.09(b) (West 2011 & Supp. 2014).

Appella... More...
   $0 (11-13-2014 - TX)

Helix Energy Solutions Group, Inc. v. Matthew Howard

In this case concerning a seaman’s entitlement to payments for maintenance and cure, his employer argues that the trial court erred in granting the seaman’s motion to compel such payments. We agree that the order is a temporary injunction and that it does not comply with Texas Rule of Civil Procedure 683. We therefore declare the order void, dissolve it, and remand the case to the trial
2<... More...
   $0 (11-13-2014 - TX)

In the Interest of S.R., S.R. and B.R.S., children

In these consolidated appeals, both D.R. (the Father) and D.S. (the Mother) appeal from the decree terminating their parental rights to three children, S.R. (Scott), S.R. (Sally), and B.R.S. (the Baby) (collectively, the Children).1 The Father raises three issues challenging the sufficiency of the evidence supporting the trial court’s termination findings and the failure to appoint counsel for h... More...   $0 (11-13-2014 - TX)

Joshua Nathaniel Jackson v. The State of Texas

This is an appeal from an order denying appellant Joshua Nathaniel Jackson’s petition for nondisclosure of his criminal history record. We affirm.
Appellant was charged with aggravated assault of a family member. Pursuant to a plea agreement, he was placed on deferred adjudication community supervision for the offense of deadly conduct for one year. Appellant fulfilled the conditions of his<... More...
   $0 (11-13-2014 - TX)

United States of America v. David Gadsden and Derrick Gadsden

Montgomery, Alabama - On November 6, 2014, Derrick Gadsden, 34 years old of Montgomery, Alabama, was sentenced to 240 months imprisonment followed by three-years of supervised release for conspiracy to commit wire fraud. Derrick Gadsen’s brother, David Gadsden, 45 years old of Montgomery, Alabama, was sentenced to 120 months imprisonment followed by three-years of supervised release for conspira... More...   $0 (11-12-2014 - AL)

United States of America v. Donny Anderson

Montgomery, Alabama - The United States District Court for the Middle District of Alabama concluded sentencing today for eight individuals arrested during the second largest dog fighting raid in U.S. history in August 2013. The case was led by the United States Attorney’s Office and the Federal Bureau of Investigation, who requested assistance from the ASPCA® (American Society for the Preventio... More...   $0 (11-12-2014 - AL)

Robert Dresch v. State of Florida

Robert Dresch (“Defendant”) appeals from his conviction and sentence on the charge of corruption by threat. He was sentenced to five years in prison. The State agrees with Defendant that the crime of corruption by threat is not a forcible felony within the meaning of section 776.08, Fla. Stat. (2013),1 because the “offense may be committed without the use or threat of physical force.” Stat... More...   $0 (11-12-2014 - FL)

Sunsplash Events, Inc. v. Pedro Robles

The defendants appeal from the circuit court’s order denying their motion to compel arbitration of the plaintiff’s claims arising from the parties’ bill of sale agreement. The defendants argue that an arbitration clause contained in the parties’ separate employment agreement was broad enough to encompass claims arising from the bill of sale agreement. We agree with the defendants and rever... More...   $0 (11-12-2014 - FL)

Johnny Thompson v. Estate of Kendrick Kevin Maurice

This appeal arises from the trial court’s orders granting the defendants’ motion to enforce a pre-suit settlement and motion for summary judgment in a wrongful death action. The issue is whether the evidence demonstrated that the parties reached a binding settlement agreement before appellant filed suit. Because the evidence failed to support a finding that there was a meeting of the minds bet... More...   $0 (11-12-2014 - FL)

DFC Tarmarac, Inc. d/b/a Tamarac Preschool Academy v. Fatou M. Jsckson

DFC Tamarac, Inc., d/b/a Tamarac Preschool Academy (“appellant”) appeals the final order of the trial court denying its motion for attorney’s fees and costs pursuant to section 57.041, Florida Statutes (2012), and section 768.79, Florida Statutes (2012). In the trial court’s view, appellant’s proposal for settlement was ambiguous as to the identity of the offeree because it did not appor... More...   $0 (11-12-2014 - FL)

Dr.Ross G. Stone v. Nancy Stone and Alma Stone

Ross Stone appeals a final summary judgment in favor of Nancy Stone in a dispute involving the distribution of homestead property as part of the estate of their father Jerome Stone. The trial court held the transfer of the property to Nancy following Jerome’s death was not an impermissible devise of homestead property. We find the trial court erred in part, but nevertheless affirm the result.More...   $0 (11-12-2014 - FL)

Charter Schools USA, Inc. v. John Doe. 93, etc., et al.

Charter Schools USA, Inc., The Downtown Charter School, Inc., Charter
Schools USA at Downtown Miami, L.C. (collectively Charter Schools) appeal
from an order denying their motion to dissolve writs of garnishment and to enforce
supersedeas bond. We find no error in the order on appeal and affirm.
This action was commenced on behalf of a minor child who claimed to have
been sexua... More...
   $0 (11-12-2014 - FL)

Marie C. Amaya v. Jose M. Vazauez

Appellant, Maria C. Amaya, appeals an order which (1) granted partial final
summary judgment on a count for partition of real property in favor of Jose M.
Vazquez and ordered a partition sale forthwith1; (2) dismissed Amaya’s
counterclaim; and (3) reserved on “accounting issues, attorney’s fees and costs.”

We affirm the trial court’s order as to count one of the amen... More...
   $0 (11-12-2014 - FL)

N302DP, LLC v. Chardan Aero Corp.

Appellant, N302DP, LLC (“N302DP”) seeks review of a final judgment
which, though entered in its favor on the issue of breach, limited its damages to
$24,626.50. We hold that the trial court erred in so limiting N302DP’s damages,
and reverse and remand.
N302DP was formed in 2007 by R. Donahue Peebles for the purpose of
purchasing a Gulfstream IIB aircraft. Peebles had agre... More...
   $0 (11-12-2014 - FL)

In re Marriage of Donn Michael Schu, Jr. and Genise Schu

When does "until" begin? Here we conclude it begins when "when" begins.
A marital settlement agreement provides that the trial court will reserve jurisdiction to award long-term spousal support "until" the wife is released from prison. Wife files a motion for support five weeks before her release, set to be heard three days after her release. The hearing is twice continued, once because husban... More...
   $0 (11-12-2014 - CA)

Bryan E. v. The Superior Court of Los Angeles County and The People

Bryan E. filed a petition for a writ of mandate to compel the juvenile court to vacate its order finding him competent to stand trial. On June 18, 2014 we issued an order to show cause why the relief prayed for should not be granted and staying the proceedings. We now grant the petition.
On August 7, 2013 the People filed a petition under Welfare and Insti... More...
   $0 (11-12-2014 - CA)

Sonia Graciano v. Mercury General Corporation

Plaintiff Sonia Graciano suffered severe injuries when she was struck by a car driven by Saul Ayala (Saul). Saul was insured by a policy issued by defendant California Automobile Insurance Company (CAIC), which had policy limits of $50,000. Less than three weeks after Graciano's attorney first contacted CAIC alleging Graciano was injured
by one of CAIC's insureds, during which time Graci... More...
   $0 (11-12-2014 - CA)

In the Interest of M. L. H.-M., a child

B.M. appeals the termination of his parental rights. B.M.’s counsel filed a brief in compliance with Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967), and Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). B.M. filed a pro se brief. We affirm.
B.M. is the father of M.L.H.-M., born May 31, 2013. V.H. is the mother of M.L.H.-M. and is not a party... More...
   $0 (11-12-2014 - TX)

Greg Landers v. Quality Communications, Inc.

Plaintiff-Appellant Greg Landers (Landers) appeals from
an order dismissing his complaint against Defendants-
Appellees Quality Communications, Inc. (Quality), Brady E.
Wells, and Robert J. Huber. Landers’ complaint alleged
violations of the Fair Labor Standards Act (FLSA).
Specifically, Landers alleged that Quality failed to pay
Landers and other similarly situated emplo... More...
   $0 (11-12-2014 - NV)

United States of America v. Alondo Laroyne Gay

Alondo Gay appeals the district court’s denial of his motion for a sentence
reduction requested under 18 U.S.C. § 3582(c)(2). The district court denied his
motion, concluding that Amendment 750 to the sentencing guidelines did not
lower his sentencing range because his 1998 conviction involved too much
cocaine base for him to qualify for relief. Gay does not contest this ruling.... More...
   $0 (11-12-2014 - OK)

United Food and Commercial Workers Union Local 880 v. Chesapeake Energy Corporation

In 2008 Chesapeake Energy Corporation was one of the largest producers of
natural gas in the United States, with thousands of wells in several states. By early July
of that year the price of natural gas had risen to its highest level since the end of 2005 and
Chesapeake’s stock price had risen about 50% in the prior six months. Against that
background, on July 9, 2008, Chesapeake... More...
   $0 (11-12-2014 - ok)

United States of America v. Grady Keith Concord

BIRMINGHAM -- Federal prosecutors today charged a former Winston County sheriff's deputy with using his police authority to extort a woman to cook methamphetamine, and with causing her to manufacture and distribute the drug at the home where she lived with a minor child, announced U.S. Attorney Joyce White Vance and FBI Special Agent in Charge Richard D. Schwein Jr.

The U.S. Attorney's Of... More...
   $0 (11-10-2014 - AL)

Brett Woods v. Standard Insurance Company

This appeal requires us to evaluate whether remand to the state court pursuant to
the Class Action Fairness Act (CAFA) is required under either of two CAFA provisions:
the state action provision, which excludes from federal jurisdiction cases in which the
primary defendants are states; or the local controversy exception, which requires federal
courts to decline jurisdiction where, ... More...
   $0 (11-10-2014 - NM)

State of Oklahoma v. Tiger Hobia

We once again address the subject of Indian gaming and, following the lead
of the Supreme Court’s recent decision in Michigan v. Bay Mills Indian Cmty.,
134 S.Ct. 2024 (2014), emphasize that any federal cause of action brought
pursuant to 25 U.S.C. § 2710(d)(7)(A)(ii) of the Indian Gaming Regulatory Act
(IGRA) to enjoin class III gaming activity must allege and ultimately establ... More...
   $0 (11-10-2014 - OK)

Matthew Lane Phillips v. Rosalea Dawn Hughes

Matthew Lane Phillips appeals an injunction for protection against
domestic violence entered against him based upon the petition of Rosalea Dawn
Hughes, the mother of his child. Because the trial court's finding that Ms. Hughes had
- 2 -
reasonable cause to believe she was in imminent danger of becoming the victim of
domestic violence was not supported by competent, substantial... More...
   $0 (11-10-2014 - FL)

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