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Partition Law
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)

David Jahimiak v. Laurie Long

David Jahimiak appeals an order of partial summary judgment and a judgment of the circuit court following a bench trial on the remaining issues. Jahimiak brought multiple financial claims against Laurie Long for debts he alleged Long incurred to him while he and Long resided together. Long, in turn, sought partition of the residence (hereinafter “Losey property”) that she and Jahimiak shared... More...   $0 (05-12-2011 - WI)

Rubin Hernandez v. Yellow Transportation, Inc.

Employees at a terminal for a trucking company brought claims of race discrimination, retaliation, and hostile work environment against their employer. The district court granted summary judgment to the defendant on some plaintiffs’ claims and allowed an immediate appeal. We AFFIRM.


Rubin Hernandez, John Ketterer, and Abram Trevino (“Plaintiffs... More...
   $0 (05-12-2011 - TX)

Anna L. McDonald v. Hollis Martin

Defendant/Appellant Hollis Martin appeals from a judgment which quieted title to a strip of property between the survey boundary and a disputed boundary fence line in favor of Plaintiffs/Appellees Anna L. McDonald and Sharley A. Trotter1 (collectively, Appellees), and awarded damages for removing a tree.2 Appellees filed suit after Martin removed a fence and trees based on his assertion they were ... More...   $0 (05-05-2011 - OK)

James Cali v. Meadow Lakes View Condominium Association "B" Inc.

James Cali appeals from a Partial Final Summary Judgment in favor of Meadowbrook Lakes View Condominium Association “B” Inc. (“Meadowbrook”), o n counts I, II and III of his Second Amended Complaint.

Meadowbrook is a Florida not-for-profit corporation which conducts its business in Broward County, Florida, exists pursuant to Chapter 617 of the Florida Statutes, and operates pursuant... More...
   $0 (05-04-2011 - FL)

General Agents Insurance Company of America, Inc. v. Ahmed El Naggar

Appellant General Agents Insurance Company of America, Inc. (“Gainsco”) challenges the trial court’s rendition of partial summary judgment in favor of appellees Ahmed El Naggar and El Naggar Fine Arts Furniture, Inc. (collectively “El Naggar”) in El Naggar’s suit against Gainsco to recover insurance proceeds. Gainsco contends that the trial court erred in granting El Naggar’s partia... More...   $0 (05-03-2011 - TX)

Barbara Renner v. Edgar L. Bonner

The instant action is before this Court upon the appeal of Edgar L. Bonner and Hazel Bonner [“Appellants”] from a December 16, 2009, order of the Circuit Court of Tyler County, West Virginia, which found that the property which is the subject of this appeal [“the property”] is not susceptible to partition and which accordingly ordered a sale of the property at public auction. The Bonners a... More...   $0 (05-02-2011 - WV)

Ramon Luna v. Roberto Luna

Appellants Ramon Luna and Rodolfo Luna appeal from an adverse judgment entered after a bench trial in a suit brought by Roberto Luna, appellee, for fraud, breach of fiduciary duty, and breach of contract.[1] Appellants attack the sufficiency of the evidence to support the trial court’s award of a five-acre tract of land to appellee. By two issues, appellants argue: (1) the trial court erred i... More...   $0 (04-29-2011 - TX)

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)

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