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Partition Law
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.


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)

James E. Bellis v. Ronny L. Kersey

[¶1] The district court consolidated two civil actions involving ownership disputes among neighboring landowners in Platte County, Wyoming. After a bench trial, the district court concluded that the appellants had not proven ownership of the disputed land through adverse possession, ordered their ejectment from a portion thereof, to which portion title was also quieted in the record owners, and o... More...   $0 (10-26-2010 - WY)

Jerald Korwin Hofstad v. Cathryn Anne Christie

[¶1] Appellant Jerald Korwin Hofstad challenges the district court‟s judgment equally partitioning a home owned by him and Appellee Cathryn Anne Christie as tenants in common. We affirm.


[¶2] Mr. Hofstad lists four issues:

1. Did the district court below commit reversible error when it applied Alaska and Montana law and treated an unmarried couple as family members ... More...
   $0 (10-07-2010 - WY)

Kimberly Lynn Nichols v. Joseph L. Donaldson

Kimberly Lynn Nichols, Kerri Hanna and Kelly Lynn Donaldson (collectively Appellants) appeal from the trial court’s judgment awarding Joseph L. Donaldson (Respondent) $49,765.66 on their petition for partition and account and on Respondent’s counterclaim for quantum meruit. We reverse and remand.

Factual and Procedural Background

On March 23, 1992, Walter Donaldson (Donaldson... More...
   $0 (09-28-2010 - MO)

Evan Hoit v. Brent Warren Rankin and Kimberly Webb

This is an appeal from a judgment entered in a partition action. Brent Warren Rankin ("Rankin") and his wife, Kimberly Webb ("Webb"), (collectively referred to as the "Rankins")1 contend that the trial court erred when it found that the respective interests owned by the Rankins and Evan Lee Hoit and Evelyn Jeanne Hoit (the "Hoits") in a residence at 1713 Jordan Street, Kearney, Missouri (the "Hous... More...   $0 (09-28-2010 - MO)

Agustin Maldonado, et.al v. Empire Land Company, Ltd., et. al

Appellants Agustin Maldonado, A. Maldonado Co., and the Agustin Maldonado, Jr. Revocable Trust (collectively the Maldonados), brought an action against Appellees Empire Land Company, Ltd., and Empire Truck Lines, Inc. (collectively Empire), for trespass, negligence, and trespass to try title. Empire counterclaimed for trespass to try title and the Maldonados amended their complaint, asserti... More...   $0 (08-19-2010 - )

The Huxfield Cemetery Association v. Bobby L. Elliott

This case concerns a three-acre tract of land known as Huxfield Cemetery and which party, Appellant or Respondents, may maintain control over the property. The special referee treated this dispute as an action to try title and ruled that because Respondents had superior title over Appellant, Respondents were entitled to maintain control over the cemetery and were permitted to charge a burial fee... More...   $0 (08-16-2010 - SC)

Amelia Peters Bingham v. Commonwealth of Massachusetts

In 2008, plaintiffs Amelia Peters Bingham and her son, Steven, brought a Takings Clause claim against the Commonwealth of Massachusetts and the Town of Mashpee, seeking just compensation and the return of some of the lands in Massachusetts they say were granted in perpetuity to their ancestors, the South Sea Indians, in deeds from 1665 and 1667. Plaintiffs styled this claim as a class act... More...   $0 (07-30-2010 - MA)

Mariner Health Care of Nashville, Inc. v. Gladys Robins

Appellee Gladys Robins sued appellant Mariner Health Care of Nashville, Inc. Robins asserted claims for medical malpractice under the Texas Wrongful Death Act and the Texas Survival Statute, alleging that her mother, Betty Battle, suffered injuries and died due to negligent nursing home care. See Tex. Civ. Prac. & Rem. Code Ann. §§ 71.001–.012 (Vernon 2008) (wrongful death action); id. § 71... More...   $0 (07-01-2010 - TX)

Thomas A. Insko v. Donald Mosier and Reisom Corporation T-16

In this prescriptive easement case, the issue is whether plaintiff established adequate proof of his adverse use of an existing road located on land owned by defendants.(1) The trial court found plaintiff's proof adequate and entered judgment granting a prescriptive easement over the road. Defendants appeal, arguing that plaintiff's proof that he used the existing road was insufficient, because ... More...   $0 (06-09-2010 - OR)

Joi Brown v. City of Huntsville, Alabama

In this 42 U.S.C. § 1983 action, Plaintiffs-Appellants Joi Brown and Shaun Sonia bring federal and state claims for false arrest and excessive force. Plaintiffs appeal the district court’s grant of summary judgment to the Defendants-Appellees – the City of Huntsville, Alabama (the “City”), and two police officers – on the basis of qualified immunity and state-law immunity. After review ... More...   $0 (06-07-2010 - AL)

Shelley Wetherell v. Douglas County

Petitioner Garden Valley Estates, LLC (Garden Valley) seeks judicial review of an order of the Land Use Board of Appeals (LUBA) in which LUBA reversed the county's plan amendment and zone change concerning a 259-acre parcel. On review, Garden Valley contends that, because the 590-acre ranch (of which the 259-acre parcel had been a part) could not be profitably grazed and, for that reason, was not... More...   $0 (05-12-2010 - OR)

Debra L. Whippie v. Robert E. O'Connor

¶ 1. BURGESS, J. Defendant appeals from a partition judgment in which the trial court awarded defendant the option of purchasing plaintiff’s share in certain real property, or in the alternative, if defendant did not exercise the option, ordered the property to be sold and proceeds divided according to a court-ordered percentage plan. Defendant claims on appeal: (1) that the court... More...   $0 (04-16-2010 - VT)

Sandra Lake v. Woodcreek Homeowners Association

The Horizontal Property Regimes Act (HPRA), chapter 64.32 RCW, applies to the Woodcreek Condominium in Bellevue, Washington. A Woodcreek owner, Sandra Lake, invokes the HPRA to resolve a dispute between her, the Woodcreek Homeowners Association, and her fellow condominium owner Glen R. Clausing. Lake claims that the association’s board of directors violated the HPRA or Woodcreek’s declaration ... More...   $0 (04-15-2010 - WA)

The Swahn Group, Inc., et al. v. Malcolm S. Segal, et al.

This legal malpractice case tenders the doctrine of judicial estoppel, which precludes a party from taking inconsistent positions in separate proceedings where the position in the first proceeding was adopted by the court or accepted by it as true. (Jackson v. County of Los Angeles (1997) 60 Cal.App.4th 171, 181 (Jackson).) Judicial estoppel differs from collateral estoppel or equitable estoppel i... More...   $0 (04-07-2010 - CA)

Glenn Gorelick, et al. v. Emily Montanado, et al.

These appeals, by Glenn Gorelick and Dennis Gorelick, are from the judgments rendered in two consolidated actions after a trial to the court. On appeal, the Gorelicks challenge various conclusions reached by the trial court with respect to the distribution of partnership funds and the proceeds from the sale of real estate in connection with the dissolution of a family partnership. We reverse in pa... More...   $0 (03-31-2010 - )

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