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Partition Law
Town of Flower Mound, Texas v. Mockingbird Pipeline, L.P.

Appellant Town of Flower Mound, Texas, attempts to bring an interlocutory appeal of the Denton County Probate Court’s denial of its plea to the jurisdiction in favor of Appellee Mockingbird Pipeline, L.P. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8) (West 2008). We dismiss the appeal for want of jurisdiction.

II. Factual and Procedural Background

Mockingbird, a gas corpo... More...
   $0 (10-13-2011 - OK)

Harvey Duane Barker v. City of Springfield

The City of Springfield (“City”) appeals a declaratory judgment in favor of Harvey Duane Barker, as Trustee under the Joint Revocable Trust Agreement of Harvey Duane Barker and Rose Marie Barker, dated December 15, 1993 (the “Barker Trust”); Paul G. Nahon, Sr., and Sharon Nahon, husband and wife; Farris Nahon, Jr., and Nancy Nahon, husband and wife; and Paul G. Nahon, as Trustee under Paul... More...   $0 (10-11-2011 - MO)

Frances Jane Fuller Jackson Morris v. Margaret Ann Fuller

Appellee Margaret Ann Fuller (Fuller) sued her sister Appellant Frances Jane Fuller Jackson Morris (Morris) for tortious interference with contract. Morris countersued for breach of fiduciary duty and for an accounting for the income of the sisters’ joint venture. Morris appeals from the trial court’s take-nothing judgment on her breach of fiduciary duty claim and its judgment awarding an ac... More...   $0 (10-06-2011 - TX)

Gary Myers v. W. Stephen Dee

¶1 Gary Myers filed this action in the District Court for the First Judicial District, Lewis and Clark County, seeking to condemn a strip of land owned by Stephen and Victoria Dee (the Dees) to create a private road allowing access to property owned by Myers. The court granted the Dees’ Motion for Summary Judgment and Myers appeals. We affirm.

¶2 Myers raises two issues on appeal which ... More...
   $0 (10-04-2011 - MT)

Robert L. Kettler v. The Security National Bank of Sioux City

In this appeal we examine a case where a joint bank account holder unilaterally withdrew funds from several accounts and placed them in his own name. The district court found this action did not destroy the right of survivorship held by his wife and ordered the return of all the funds to the wife. We conclude that because the withdrawals were valid transactions made with the intent to terminate th... More...   $0 (09-21-2011 - IA)

Sharon Swank Backhus v. Haven Lyn Werchan Wisnoski

Appellants, Sharon Swank Backhus, Benjamin F. Swank, III, Shannon Lea Werchan Pickering, Swank Turner Backhus, Benjamin Fontaine Swank, IV, Christian Harris Swank, and Suzanne Swank Porter, appeal a summary judgment in favor of appellees, Haven Lyn Werchan Wisnoski and Shane Alan Werchan, denying appellants’ request for declaratory relief relative to an attempt to partition certain real property... More...   $0 (09-15-2011 - TX)

Ruel Newberry v. Brisa Newberry

Appellant appeals a final divorce judgment, arguing that the evidence at trial was legally insufficient to support a finding of cruelty, legally and factually insufficient to support a finding of adultery, and that the division of the community estate was disproportionate to him.

Mr. Ruel Newberry and Ms. Brisa Newberry were married on September 1, 2002. Before marriage, they en... More...
   $0 (09-15-2011 - TX)

Jimmy Brown Humphries v. Marvin Wayne Humphries

Jimmy Brown Humphries, individually and as executor of the estate of Mamie Ruth Humphries Henderson, deceased, appeals the trial court’s judgment entered in favor of Marvin Wayne Humphries and Tommy M. Humphries. In one issue, Jimmy argues that the trial court erred in granting Marvin and Tommy’s motion for summary judgment. We affirm.


This case involves a dispute amon... More...
   $0 (08-31-2011 - TX)

Craig Phillips Hummel v. Christian H. Hummel

This appeal arises from Craig Phillips Hummel’s (“Craig”) suit against Christian H. Hummel, Bettye Jo Hummel, and Charles W. Hummel, Jr. (the “appellees”) for specific performance of an alleged oral contract for the sale of real property, or alternatively for reimbursement of money expended to improve the real property. The appellees filed a motion for summary judgment on Craig’s claim... More...   $0 (08-31-2011 - TX)

Patricia Muske v. Charles A. Menke

Appellant Patricia Muske appeals from a final summary judgment granted in favor of appellee Charles Menke. Muske and Menke are cousins who owned undivided interests in a 626-acre property in Waller County known as the Live Oaks Section. Muske sold her interest in the property to Menke in February 2006. In November 2007, Menke sold the Live Oaks property to the Katy Prairie Conservancy. When Mu... More...   $0 (08-18-2011 - TX)

Charles Seber and Barbara Seber v. Union Pacific Railroad Company

Charles and Barbara Seber sued Union Pacific Railroad Company contending that it wrongfully removed the Sebers’ private railroad crossing. The trial court granted summary judgment in favor of Union Pacific. We affirm in part, reverse in part, and remand to the trial court.


This dispute centers on the closing of a private crossing over Union Pacific’s railroad right-o... More...
   $0 (08-16-2011 - TX)

Denise Felderman v. Lee Zweifel

Lee Zweifel appeals the Judgment of the Circuit Court of Gentry County, Missouri (“trial court”), on Denise Felderman‟s petition for partition of real property owned by the parties. We affirm.

Factual and Procedural History

Denise Felderman married Lee Zweifel in January 2002; they divorced in May 2004. In November 2006, Felderman came to Missouri at Zweifel‟s invitation.... More...
   $0 (08-09-2011 - MO)

Gil Cisneros v. Regalado Family Limited Partnership

This is an appeal from a post-answer default judgment. The trial court granted judgment in favor of appellee, the Regalado Family Limited Partnership (“Regalado”), in an action they filed against appellant, Gil Cisneros, alleging trespass to try or quiet title, trespass, partition, as well as declaratory relief and attorney’s fees. The trial court granted a default judgment against Cisne... More...   $0 (08-04-2011 - TX)

Cuy C. Fisher v. Leila Clark Downs Wynn

This is a suit for declaratory judgment regarding construction of a warranty deed. The trial court granted Appellees’ motion for summary judgment and denied Appellants’ motion for summary judgment. Appellants urge one issue on appeal contending the trial court erred in granting Appellees’ motion and in denying Appellants’ motion. We affirm.


... More...
   $0 (08-04-2011 - TX)

William Cody Wheeler v. Howard L. Phillips

This suit involves the partition of 82.201 acres of real property located in Bastrop County (the "Property"). See Tex. Prop. Code Ann. § 23.001 (West 2000); Tex. R. Civ. P. 756-771. (1) After several hearings, the trial court found that the Property was not susceptible to fair and equitable partition in kind and signed a decree of partition by sale. See Tex. R. Civ. P. 770. In the decree, the... More...   $0 (07-28-2011 - TX)

Charles M. Fisher v. Benton County

2 Plaintiffs Charles M. and Lillian M. Fischer (the Fischers) appeal the circuit
3 court's judgment in a writ of review proceeding that affirmed respondent Benton
County's1 4 determination that the Fischers have a vested right to complete a subdivision of
their property in compliance with waivers issued pursuant to Ballot Measure 37 (2004)2 5
6 but do not have a vested right to est... More...
   $0 (07-13-2011 - OR)

Mondee Stracener v. Doug Stracener

Mondee Stracener appeals the trial court’s decree ordering partition of real property in Upshur County, Texas, and appointing commissioners. On appeal, Mondee argues that the trial court abused its discretion in refusing to instruct the commissioners to set aside an airstrip to him as a portion of his ownership interest in the property being partitioned. We affirm.

... More...
   $0 (07-13-2011 - TX)

Beata L. Popek v. John P. Popek

Beata Popek appeals the trial court’s final divorce decree on numerous grounds. We reverse and remand in part and affirm as modified in part.


Beata and John Popek married on June 27, 1991 in Illinois. The couple had a troubled marriage; Beata suffered from depression and John had alcohol problems. John entered an alcohol rehabilitation program in 2002. At that time,... More...
   $0 (06-30-2011 - TX)

Donald Harrell v. Kris Hochderffer

Appellants Donald Harrell and Shirley Temesgen appeal the trial court's denial of their motion for summary judgment and grant of partial summary judgment in favor of appellee Kris Hochderffer, in his capacity as trustee of the Clark Family Trust. The underlying dispute involves a personal-injury settlement received by the appellants' mother, Jessie Mae Clark, and stepfather, Rudie Clark, and a tru... More...   $0 (06-17-2011 - TX)

Jerry Allen v. Joyce Anderson

relationship. Upon separation, the parties agreed that each should have ownership of personal property in their respective possession. Allen alleges that Anderson wrongly took some of his personal property into her possession. The district court determined that Allen failed to claim the personal property at issue in a timely fashion and thus effectively abandoned his claim to it. We affirm the ult... More...   $0 (06-16-2011 - WY)

Donald Harrell and Shirley Temegsen v. Kris Hochderffer

Appellants Donald Harrell and Shirley Temesgen appeal the trial court's denial of their motion for summary judgment and grant of partial summary judgment in favor of appellee Kris Hochderffer, in his capacity as trustee of the Clark Family Trust. The underlying dispute involves a personal-injury settlement received by the appellants' mother, Jessie Mae Clark, and stepfather, Rudie Clark, and a tru... More...   $0 (06-10-2011 - TX)

Richard Loweke v. Ann Arbor Ceiling & Partitiion Co., L.L.C.

Plaintiff, an employee of an electrical subcontractor, was injured at a construction site when several cement boards fell on him. The boards had been leaned against a wall by employees of defendant, a carpentry and drywall subcontractor, which, like plaintiff’s employer, had been hired by a general contractor to work on the construction project.

Plaintiff sued defendant for negligence and... More...
   $0 (06-06-2011 - MI)

Flare Ten-Booms v. Deborah L. Obregon

Appellant Flare Ten-Booms appeals from a summary-judgment order and final judgment issued in favor of appellee Deborah L. Obregon. In the underlying suit, Ten-Booms alleged that Obregon breached a "property sale contract" that called for Obregon to sell Ten-Booms a portion of a plot of land that she owned in exchange for a $10,000 down payment and a purchase price of $100,000. Ten-Booms raised a m... More...   $0 (06-03-2011 - TX)

Simke, Chodos, Silberfeld & Anteau, Inc. v. Jerry B. Athans

In the event of a default, the ―relief‖ granted to the plaintiff may not exceed the dollar amount demanded in the complaint or, in cases of personal injury or wrongful death, the dollar amount set forth in a statement of damages. (Code Civ. Proc., §§ 580, 425.11.) This rule applies not only to routine defaults, where the defendant fails to file an answer, but also to defaults entered as a sa... More...   $0 (05-26-2011 - CA)

The Lamar Company, LLC v. Country Side Restaurant, Inc.

The Lamar Company, LLC, d/b/a Lamar Outdoor Advertising, appeals from the circuit court’s final order that $120,000 on deposit with the Clerk of the Circuit Court of Winnebago County shall be disbursed to Country Side Restaurant, Inc. We affirm the order.

¶2 Lamar owns an outdoor advertising billboard formerly located on premises owned by Country Side. Lamar leased space for the... More...
   $0 (05-25-2011 - WI)

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