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Partition Law
 
Bobby G. Barham v. Patricia McGraw

Blood may be thicker than water, but money beats everything.[1]

He that is greedy of gain troubleth his own house.[2]

Before us lies a dispute between brother and sister regarding the division of their deceased father’s real estate. When their father died, the realty in question became the corpus of a trust to benefit his widow, Margie, the trust’s truste... More...
   $0 (04-27-2011 - TX)

Dugas Limited Partnership v. Donna Neal Goode Dugas

In this accelerated, interlocutory appeal, Appellants Dugas Limited Partnership (Dugas, LP); Dugas 1998 Irrevocable Trust (Dugas 1998 Trust); William Bruce Dugas Grandchild Trust (Grandchild Trust); and James Stephen Turner (Steve) and Hurley Calister Turner, Jr. (Cal), Co-Trustees of the Dugas 1998 Irrevocable Trust f/b/o William Bruce Dugas (Bruce) challenge the trial court’s order denying the... More...   $0 (04-05-2011 - )

Audrie Lee v. David Shu Wai Kwong

Plaintiffs/appellants Audrie Lee and Nelson Lee (collectively, appellants) participated in a judicial arbitration of their complaint. (Code Civ. Proc., § 1141.10 et seq.)1 After suffering an unfavorable arbitration award, appellants first requested a trial de novo but then filed a voluntary dismissal of their complaint without prejudice. Several of the defendants/respondents moved to vacate the d... More...   $0 (03-29-2011 - CA)

James Chafin v. Richard G. Isbell

Appellees Richard G. Isbell and Fairway Independent Mortgage Corporation filed a motion for rehearing of our memorandum opinion issued December 2, 2010. To the extent Appellees argue that this appeal should be remanded, we grant their motion for rehearing. We deny the remainder of the motion.[2]

On February 10, 2011, Appellant James Chafin filed a “Motion to Amend Judgment,”... More...
   $0 (03-17-2011 - TX)

State ex rel. Mel Stewart v. City of Salem

Relator, Mel Stewart, filed a petition for an alternative writ of mandamus pursuant to ORS 227.179(1), seeking to compel the City of Salem to approve his application under ORS 92.040 to partition his property. Arguing that the petition was filed prematurely, the city moved to dismiss. The trial court agreed and dismissed the petition; relator appeals. The issue on appeal pertains to the date on wh... More...   $0 (03-16-2011 - OR)

Jason L. Osterhaus v. Jean Betty Toth

This case arises out of the sale of a home which was later discovered to have structural flaws. Jason Osterhaus, a first-time home buyer, brought an action against the seller (Jean Betty Toth), Toth's real estate agent (Jeffrey Schunk), and Schunk's company (TopPros Real Estate, Inc.). Osterhaus alleged deceptive and unconscionable acts under the Kansas Consumer Protection Act (KCPA), K.S.A. 50-62... More...   $0 (03-11-2011 - KS)

Brynn Rodgers v. City of North Kansas City

Brynn Rodgers appeals the trial court‟s grant of summary judgment in favor of North Kansas City (“the City”) and three employees of North Kansas City Hospital (“NKC Hospital”) on Rodgers‟s petition alleging a dangerous condition of the City‟s property and Rodgers‟s claims of negligence and medical malpractice against the three employees. On appeal, Rodgers contends that the trial c... More...   $0 (03-08-2011 - MO)

Karen L. Tadych v. John D. Horner

John Horner (“Horner”) appeals the judgment of the Circuit Court of Jackson County (“trial court”) ordering the partition sale of property that he owned as a co-tenant with Karen Tadych (“Tadych”) and outlining the required disbursement of proceeds from that sale. On appeal, Horner argues that the trial court‟s judgment, particularly the trial court‟s disbursement award, is not sup... More...   $0 (03-08-2011 - MO)

Simmons Self-Storage Partners v. Rib Roof

With limited exceptions, this court’s jurisdiction to consider an otherwise timely appeal depends on whether the district court has entered a final judgment in the action below. NRAP 3A(b)(1). A final judgment is generally defined as one that resolves all of the parties’ claims and rights in the action, leaving nothing for the court’s future consideration except for post-judgment issues. ... More...   $0 (03-03-2011 - NV)

Ken Robinson v. Gary Lubbering

This is an appeal from a take-nothing judgment that disregarded a jury's finding awarding contract damages to the plaintiff. The principal issue presented is whether the district court would have abused its discretion in excluding a plaintiff's damages evidence for failure to disclose his basic damages contentions in discovery. Finding no abuse of discretion, we will affirm the district court's ju... More...   $0 (03-03-2011 - TX)

Will Ann Brewer v. Tom D. Skutca and Neaves A. Skutca

The trial court granted summary judgment in favor of Appellees Tom D. Skutca and Neaves A. Skutca on Appellant Will Ann Brewer’s claims against them for trespass and to quiet title and for declaratory relief regarding real property. Because we hold that the Skutcas did not establish their right to judgment as a matter of law, we reverse.

In 1965, Brewer and Betty Abbey purchase... More...
   $0 (02-10-2011 - TX)

Tracie Coristine v. Thomas Coristine

Tracie Coristine (wife) appeals from a final judgment of dissolution of marriage. The primary issue on appeal is whether the trial court abused its discretion by ordering the sale and partition of the marital home rather than awarding exclusive use and possession of the home to the wife until the youngest of the parties' three children reaches the age of majority. We affirm.

As a general ru... More...
   $0 (02-07-2011 - FL)

Anne Bryant Watkins v. Jane Bryant Shurley

This appeal arises out of a dispute among the beneficiaries and the trustee of a family trust regarding the allocation of expenses and losses incurred by the trust. To resolve the dispute, the beneficiaries of the trust, appellant and cross-appellee Anne Bryant Watkins and appellee and cross-appellant Jane Bryant Shurley, entered into a rule 11 settlement agreement specifying the manner in which t... More...   $0 (02-04-2011 - TX)

Shannon Harkleroad v. Theodore K. Linkous

In this appeal, we consider whether the circuit court correctly determined that a co-tenant with an undivided one-half interest in an improved parcel of real property had established the necessary elements to prove adverse possession as against the other co-tenants and, thus, was entitled to a judgment granting quiet title to the entire property in fee simple.

BACKGROUND

The parties ... More...
   $0 (01-13-2011 - VA)

Brenda Liz Viera a/k/a Brenda Liz Sanchez v. Carmelo Manuel Viera

In this divorce action, Brenda Liz Viera, Appellant, appeals the trial court's division of the marital estate and the designation of Carmelo Manuel Viera, Appellee, as joint managing conservator of their minor children, alleging that the trial court abused its discretion. We affirm.

BACKGROUND

Brenda and Carmelo were married in March 2005, and two children were born of the marriage. ... More...
   $0 (01-12-2011 - TX)

Brenda Liz Viera a/k/a Brenda Liz Sanchez v. Carmelo Manuel Viera

In this divorce action, Brenda Liz Viera, Appellant, appeals the trial court's division of the marital estate and the designation of Carmelo Manuel Viera, Appellee, as joint managing conservator of their minor children, alleging that the trial court abused its discretion. We affirm.

BACKGROUND

Brenda and Carmelo were married in March 2005, and two children were born of the marriage. ... More...
   $0 (01-12-2011 - tX)

William T. Malone v. Wilma Jane Malone

In her real estate partition action against William T. Malone, Wilma Jane Malone sought to receive, in kind, her one-half undivided interest in 241.475 acres[1] of land in Lamar County. After the parties followed a procedure not conforming with applicable rules, but not objected to by either party, the trial court awarded William the eastern 120.737 acres by a lake and awarded Wilma the western 1... More...   $0 (01-07-2011 - TX)

William T. Malone v. Wilma Jane Malone

In her real estate partition action against William T. Malone, Wilma Jane Malone sought to receive, in kind, her one-half undivided interest in 241.475 acres[1] of land in Lamar County. After the parties followed a procedure not conforming with applicable rules, but not objected to by either party, the trial court awarded William the eastern 120.737 acres by a lake and awarded Wilma the western 1... More...   $0 (01-07-2011 - TX)

LaBella Winnetka, Inc. v. The Village of Winnetka and Douglas Williams

On February 28, 2007, a roof fire broke out at the Italian restaurant operated by LaBella Winnetka, Inc. in the Village of Winnetka, Illinois. The restaurant’s doors have remained closed since that date. LaBella blames the Village and its manager, Douglas Williams, for preventing it from reopening the restaurant. LaBella appeals the district court’s dismissal of its equal protection, substanti... More...   $0 (12-29-2010 - IL)

Estate of Rommy Ray Lyon and Ronda Lyon v. Rodney H. Heemstra

This appeal presents the question of whether, during a refereeship, a senior judgment lienholder may redeem property from a junior judgment creditor who purchased the debtor‟s property at an execution sale. To answer this question we must wade into the murky waters of our state‟s statutory redemption provisions, which our supreme court long ago described as “philological monstrosities, illus... More...   $0 (12-22-2010 - IA)

Yvonne Sanders Barnett v. Jimmie Carl Barnet and his Agent for Power of Attorney, Julia Ann Budwah

Jimmie Barnett appeals a judgment ordering him to pay to his former wife one-half of an early withdrawal penalty that was incurred when his sister, to whom he had granted power of attorney, removed former community property from an annuity.

Concluding that the trial court erred in denying Jimmie’s exception of insufficiency of service of process, we vacate the judgment and dismiss the cla... More...
   $0 (12-22-2010 - LA)

Mary Field Jarvis v. Frank Ewing Field and John Shaw Field

This dispute pertains to the accounting and distribution of the estate of Caroline P. Feild, deceased. Appellant, Mary Feild Jarvis, appeals from an “Order Approving Account for Final Settlement” signed by the trial court on February 23, 2010. By four issues, Jarvis, advancing pro se, argues that: (1) the trial court did not have jurisdiction over this case; (2) the trial court erroneously ... More...   $0 (12-21-2010 - TX)

Lilia V. Mendoza v. Victor M. Ramirez

Appellant, Lilia Mendoza, appeals the trial court’s grant of summary judgment in favor of Appellees, Victor M. Ramirez, et al, otherwise known as the Ramirez Mineral Trust (“RMT”), with respect to the title to the B-2 tract. On appeal, Ms. Mendoza argues the trial court erred because res judicata elements were not satisfied for a grant of summary judgment based on a prior federal condemnati... More...   $0 (12-15-2010 - TX)

James Chafin v. Richard G. Isbell and Fairway Independent Mortgage Corporation

The primary issue we address in this appeal concerns the construction of a divorce decree and whether, as a matter of law, it did or did not divest Appellant James Chafin of his interest in certain real property. In two issues, James argues that the trial court erred by granting summary judgment for Appellees Richard G. Isbell and Fairway Independent Mortgage Corporation and by denying his motion... More...   $0 (12-02-2010 - TX)

Terri A. Georgen-Running v. Larry Grimlie

In these consolidated appeals, Debtor Larry James Grimlie1 appeals from three Orders in which the Bankruptcy Court2 (i) vacated and denied his discharge pursuant to 11 U.S.C. §§ 727(a)(2) and (a)(4)(A); (ii) sustained an objection to his homestead and farming equipment exemptions; and (iii) avoided fraudulent transfers to his wife and children under 11 U.S.C. § 548 and ordered the sale of his h... More...   $0 (11-15-2010 - MN)

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