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Partition Law
 
J. Kenneth Kelley v. Colleen Kelley Root

Defendants appeal the trial court’s October 22, 2008 judgment of partition regarding a disputed 40-acre parcel of land located in Ash Township within Monroe County, which was owned by the parties as tenants in common. We affirm.

Plaintiffs’ August 8, 2007 complaint sought to partition the 40-acre parcel of property, described as:

The East ÂĽ of the Southeast ÂĽ of Section 33,... More...
   $0 (02-11-2010 - MI)

Lonnie Phillips v. Betty Willy

This appeal arises from a suit to clear title to a 50-acre tract of land. The parties, or their predecessors in interest, have been in litigation over this land for more than 30 years. Appellants, Lonnie Phillips and Lance Phillips, as next friend, ("appellants," collectively, "Lonnie" and "Lance," individually), appeal judgments rendered against them upon separate motions for summary judgment fil... More...   $0 (01-30-2010 - )

Richard Dodson, Clint Singleton, James Stricklin, and William Carver ("Appellants") appeal a summary judgment entered in favor of Pemiscot Memorial Hospital ("Hospital"). That judgment ruled as a matter of law that Hospital was not required to pay Appellants the "prevailing wage" pursuant to section 290.2101 for work Appellants performed for Hospital. Appellants allege Hospital was not entitled to... More...   $0 (12-30-2009 - MO)

Lawrence W. Ferguson v. Alice M. Strutton

Alice M. Strutton ("Client") appeals a judgment entered against her in favor of Lawrence W. Ferguson ("Attorney") on his Petition to Enforce Attorney's Lien brought pursuant to section 484.130.1 Attorney's suit was based on a written contingency fee agreement executed by Client. Client claims the trial court erred by 1) striking her pleadings for failure to comply with the court's order that she p... More...   $135804 (12-30-2009 - MO)

Judy Lawrence v. Desiree Alexis Stafford

This appeal is a continuation of a long-running family dispute over title to land in Dallam County. Appellant Judy Lawrence, (1) appearing pro se, challenges the trial court's decree partitioning real property between Lawrence and her niece, appellee Desiree Alexis Stafford Hughes. (2) Finding Lawrence's issues without merit, we affirm the judgment of the trial court. Finding further that the appe... More...   $0 (12-26-2009 - )

Christopher Ries v. The City of Chicago

Defendant, the City of Chicago (City), appeals from a jury verdict awarding plaintiffs, Christopher Ries and Michael Martinez, damages in the amount of $4,052,572 and $159,069 respectively, for injuries they sustained when a police car, driven by Demario Lowe, struck the car in which the plaintiffs were driving. Immediately before the accident, Lowe had stolen the police car after being detained i... More...   $0 (11-25-2009 - IL)

B.B. & C. Partnership v. Edelweiss Condominium Association

In this quiet title adverse possession case, we review and affirm a judgment of the court of appeals.1 B.B. & C. Partnership ("BB&C") obtained a summary judgment in the trial court quieting its title to the property identified as parking space 21 of the Edelweiss Condominiums ("Edelweiss") located in Vail, Colorado. Relying on the color of title adverse possession statute, section 38-41-108, C.R.S... More...   $0 (11-24-2009 - CO)

Mel Stewart v. City of Salem

Respondent City of Salem (the city) seeks review of an opinion and order of the Land Use Board of Appeals (LUBA) that reversed the city's denial of petitioner's application for approval of a tentative partition plan. The city contends that LUBA erred in concluding that petitioner adequately preserved his objections to the denial of the partition request. The city also asserts that LUBA erred in ... More...   $0 (10-14-2009 - OR)

Alexander J. Rissolo, Jr. v. Betts Island Oyster Farms, LLC, et al.

This is an appeal from two matters, Rissolo v. Betts Island Oyster Farms, LLC, and Lovejoy v. Rissolo, formally consolidated by motion on the second day of trial on November 28, 2007.1 Both cases are essentially partition actions, with the Lovejoy case seeking additional relief in a count for damages for a breach of contract. The trial court ordered a partition by sale and awarded damages to Frede... More...   $0 (09-29-2009 - CT)

World Species List - Natural Features Registry Institute v. Richard David Reading & another

A judge of the Land Court entered a summary judgment declaring that easement language was in essence a view easement that permits the defendants to cut vegetation in order to maintain their view. The plaintiff appeals. We affirm.

Background. The original plaintiff, Richard Stafursky, is the founder and president of World Species List--Natural Features Registry Institute (World Species). Wor... More...
   $0 (09-29-2009 - MA)

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)

FTC v. Richard Neiswonger

Richard Neiswonger (Neiswonger) appeals the district court’s1 entry of a civil contempt order against Neiswonger for Neiswonger’s violations of a prior permanent injunction, enjoining him from using deceptive and misleading sales practices. Neiswonger claims the district court erred in denying Neiswonger’s motion for a separate hearing on the issues of damages and disgorgement of profits and... More...   $0 (09-09-2009 - MO)

Betty L. Smith v. Nancy L. Hodges and Ned L. Galloway

Oscar D. Galloway died in 2002. Betty L. Smith, Nancy L. Hodges, and Ned L. Galloway are Galloway=s siblings and heirs at law. On August 8, 2002, the county court issued an order granting an independent administration and naming Smith independent administratrix of the estate.

On November 29, 2006, Smith filed an application with the county court to sell approximately 164 acres in Stonew... More...
   $0 (08-20-2009 - TX)

Derrick Chance Hardy and Robert T. Hardy v. Ashly Megan Hardy

Robert M. Hardy (“Father”) and Derrick Chance Hardy (“Son”) challenge the trial court‟s order denying their request for reformation of the underlying warranty deed and ordering the partition and sale of the land as requested by Ashly Megan Hardy (“Daughter”). We affirm.

ISSUE

Whether the trial court erred in denying Father and Son‟s request for reformation of the ... More...
   $0 (08-11-2009 - IN)

Shlishey The Best, Inc. v. Citifinancial Equity Services, Inc., et al.

Shlishey the Best, Inc., the third-party purchaser at a foreclosure sale, appeals the trial court's order that set aside the foreclosure sale and vacated the certificate of sale, contending that it was denied procedural due process because the trial court entered the order ex parte and with no opportunity for Shlishey to be heard. Because the record supports this assertion, we reverse and remand f... More...   $0 (07-08-2009 - FL)

City of Providence v. Estate of Stephen A. Tarro, et al.

The plaintiff, City of Providence (city), appeals from a Superior Court judgment granting a writ of mandamus compelling the city’s building official to issue a demolition permit to the defendants, Estate of Stephen A. Tarro, Richard M. Tarro, Michael A. Tarro, and Patricia A. Tarro (defendants or the Tarros).1 The trial justice ordered the building official to issue a demolition permit to the de... More...   $0 (07-02-2009 - RI)

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)

William A. Hilley, et al v. Stephen T. Lawrence

This case came before the Supreme Court on May 6, 2009. The defendant, Stephen T. Lawrence (defendant or Lawrence), and the plaintiffs, William A. Hilley and Toni Lynn Hilley (collectively plaintiffs or Hilleys), own adjacent undeveloped lots in a subdivision in the Town of Tiverton.2 The plaintiffs claimed that the defendant does not have the right to pass over their land to gain access to his pr... More...   $0 (06-22-2009 - RI)

Danny D. Lile v. Don Smith and Shirley Smith

Don Smith and wife, Shirley Smith, brought suit against Danny Lile and wife, Paulette Lile, under the Declaratory Judgments Act (Chapter 37 of the Texas Civil Practice and Remedies Code), asking for a declaration that the Smiths were the owners of certain lands; at the conclusion of the trial before the court, a judgment was entered declaring that the legal and equitable title of the disputed lan... More...   $0 (06-12-2009 - TX)

Jon E. Cohen v. Charles Duncan, et al.

The Chanler at Cliff Walk sits on an imposing site on Memorial Boulevard in Newport, offering spectacular views of the city’s Easton’s Beach (commonly known as First Beach). Although there has been a hotel at this site since 1945, the building now is in a residential zone, and the scope of a series of upgrades and renovations to the facility has resulted in a dispute with a neighbor that has f... More...   $0 (05-22-2009 - RI)

R. Lowell Gaut and Paula E. Gaut v. Miguel R. Daniel and Gloria R. Daniel, and Anna G. Gonzales, Individually and as Representative of the Estates of Alice L. Garcia and Abelardo G. Garcia, Deceased

R. Lowell and Paula E. Gaut appeal the trial court's judgment rendering their deed to 47.71 acres void. The Gauts raise seven issues on appeal; however, we address only the first issue, which requires us to reverse the trial court's judgment and render judgment in favor of the Gauts.

Background

In this trespass to try title lawsuit, Miguel R. and Gloria R. Daniel sought to establish ... More...
   $0 (05-20-2009 - TX)

Vernon A Anderson v. Nancy Lee Wooward

¶1 Vernon A. Anderson (Anderson) appeals from a partition order of the Seventeenth Judicial District Court, Valley County, that settled interests in real property between Anderson and Nancy Lee Woodward (Woodward). The order determined that Anderson had gifted certain real property to Woodward. We affirm.

¶2 We review the following issue on appeal:

¶3 Did the District Court correc... More...
   $0 (04-29-2009 - MT)

General Motors Corporation v. Harry Brown's, LLC

General Motors (GM) filed this declaratory judgment action and sought injunctive relief against Harry Brown's, LLC, one of its Minnesota dealerships, after Harry Brown's indicated it wanted to move a related Chrysler dealership onto its property. The district court1 denied GM's motion for a preliminary injunction. GM appeals, arguing that the district court abused its discretion and erred in findi... More...   $0 (04-18-2009 - MN)

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)

Hector Gamboa v. Renown Regional Medical Center

Hector Gamboa sued Renown Regional Medical Center on a medical negligence (medical malpractice) theory claiming that he was injured while being examined and treated for a broken collar bone which she suffered in a dirt bike accident in April 2006. Gamboa claimed that he suffered four broken ribs when a glass partition used during his X-rays broke and fell on his chest.

Defendant claimed th... More...
   $480000 (03-04-2009 - NV)

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