¶ 1. DOOLEY, J. This case presents the difficult task of equitably resolving the fallout from a collapsed, unwritten real estate transaction. Both parties challenge the monetary award arrived at by the trial court, sitting in equity. We conclude that, although correct in some respects, the trial court’s decision mistakenly treated the parties’ agreement as though it were an ag... More...   $0 (09-06-2013 - VT)

This appeal and cross-appeal challenge the attorney’s fees awarded to the parties following a lawsuit filed by Appellants/Cross-Appellees against

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Appellees/Cross-Appellants. Both sides raise several issues in this proceeding, only three of which merit discussion. For the reasons that follow, we reverse both awards and remand for further proceedings.

Appellant/Cross-Appelle... More...   $0 (08-23-2013 - FL)

This appeal involves the construction of James Dennis Lehne, Sr.’s will. At issue is whether Paula Lehne Netherton (“Paula”) or James Dennis Lehne, Jr.’s Estate and his beneficiaries (collectively “Jr.’s Estate”) are the owners of 423.911 acres in Menard County (“the Property”) bequeathed by James Dennis Lehne, Sr. in his will. In the trial court, both parties moved for summary j... More...   $0 (08-18-2013 - TX)

Shela Wall sued Tonya L. Fisher seeking the court's assistance in partitioning property in which she and the Defendant claimed an interest assert the following:

1. That the Plaintiff and Defendant are the sole owners as Joint Tenants with Rights of Survivorship, and each of them is exercising control and is asserting possession in and to, Oklahoma County, State of Oklahoma, to-wit: Crutcho ... More...   $0 (08-16-2013 - OK)

Appellant Jimmie Luecke Children Partnership, Ltd. (Partnership) challenges a final judgment in which the district court, following a bench trial in a partition suit, approved a commissioners’ report partitioning land owned by the Partnership and Appellees Elaine Pruncutz, her husband John Pruncutz, and her daughter Amy Peters (collectively, Pruncutz). Pruncutz filed this suit to partition in ki... More...   $0 (08-15-2013 - TX)

Lillie Phillips brought an action seeking to obtain an easement by necessity across land owned by her cousin and neighbor Irene Schneider. The trial court failed to find that she carried her burden of proof and rendered judgment denying her claim. Phillips appeals the take-nothing judgment. Phillips complains in two issues that the evidence is legally and factually insufficient to support the tria... More...   $0 (07-31-2013 - TX)

This is an appeal from a summary judgment granted on the grounds of res judicata or collateral estoppel. Maneese Wall sued Phillip M. Orr, Jr., as Trustee of the Orr Family Trust for debt and breach of fiduciary duty alleging Orr did not pay her a distribution in the same manner as paid to other contingent beneficiaries. Orr’s answer, among other things, raised the defenses of res judicata and c... More...   $0 (07-30-2013 - TX)

In this case, we decide whether a civil contempt petition that seeks indemnification damages under MCL 600.1721 imposes “tort liability” within the meaning of MCL 691.1407(1) of the governmental tort liability act (GTLA), MCL 691.1401 et seq. Given the Legislature’s use of the common-law term “tort,” we hold that “tort liability” as used in MCL 691.1407(1) of the GTLA encompasses all... More...   $0 (07-26-2013 - MI)

This appeal concerns litigation that arose after a widowed wife, appellant LeAnn Randall, discovered that her late husband, Dr. Bob Randall, had left her less of an inheritance than she claims he promised her. Alleging that she had been tortiously deprived of her interest in community property that Bob had transferred to an irrevocable trust benefitting his children from a prior marriage, LeAnn su... More...   $0 (07-02-2013 - TX)

In 2009, Appellant Ryan Hart (“Appellant” or “Hart”)1 brought suit against Appellee Electronic Arts, Inc. (“Appellee” or “EA”) for allegedly violating his right of publicity as recognized under New Jersey law. Specifically, Appellant‟s claims stemmed from Appellee‟s alleged use of his likeness and biographical information in its NCAA Football series of videogames. The District ... More...   $0 (05-21-2013 - nj)

The parties dispute the nature of this lawsuit. Appellant Robert F. Meekins, Jr. characterizes it as a trespass to try title suit, while appellees Roy and Mari Kay Wisnoski contend it is “an impermissible collateral attack on a probate court’s final appealable order related to the partition of . . . real property.” In three issues, Meekins challenges the trial court’s entry of summary judg... More...   $0 (05-16-2013 - TX)

Officer Shane Prickett of the Florence City Police Department used a Taser on Lara Roosevelt-Hennix while Roosevelt-Hennix’s hands were cuffed behind her back and she was seated in the back seat of a police car. Roosevelt-Hennix brought suit pursuant to 42 U.S.C. § 1983, alleging Prickett subjected her to excessive force in violation of the Fourth Amendment. See Graham v. Connor, 490 U.S. 386, ... More...   $0 (05-16-2013 - CO)

¶1 Defendant/Appellant Jerry Boyd Noble seeks review of the trial court's order confirming the sheriff's sale of property to Appellees Ronald Dean Dayton and Corey Wayne Dayton in the action for partition commenced by Plaintiffs Terry B. Noble and Cynthia N. Noble. In this appeal, Defendant asserts the trial court erred in denying his prayer to redeem the property prior to confirmation of the she... More...   $0 (05-09-2013 - OK)

Paul Michael Leighton appeals the trial court’s judgment declaring that he and Elizabeth Rebeles formed a general partnership and dividing the partnership assets between them. Specifically, Leighton challenges the jury’s finding that Rebeles did not release her claim to the partnership assets at issue. Leighton further challenges the trial court’s entry of judgment notwithstanding the verdic... More...   $0 (04-30-2013 - TX)

Plaintiffs Allen and Kathy Worth and defendant
Jones are owners of adjacent properties.1 Plaintiffs
brought an action for declaratory relief against defendant,
seeking (1) a declaration that a 1999 agreement between
plaintiffs’ predecessors-in-interest (the Hopkinses) and
defendant’s predecessors-in-interest (the Busbys) created
an appurtenant easement granting plaintif... More...   $0 (04-24-2013 - OR)

Five Egyptian businessmen and four women sued Captain Mike Swanigan and Alaska Airlines Inc. on defamation theories claiming that they were injured and/or harmed when the captain of the flight that they were on was diverted to Reno and they were taken off the plane bound for Las Vegas on September 29, 2003.

Alaskan Airlines claimed that the Plaintiffs interfered with the flight crew and ... More...   $0 (03-06-2013 - NV)

Kelly Goudschaal and Marci Frazier were committed to a long-time, same-sex relationship, during which they jointly decided to have two children via artificial insemination. In conjunction with the birth of each child, the couple executed a coparenting agreement that, among other provisions, addressed the contingency of a separation. A few months after the couple separated, Goudschaal notified Fraz... More...   $0 (02-22-2013 - KS)

In this appeal arising from their suit for divorce, appellant Robert Price Brent IV (husband) complains of an award on a promissory note in favor of appellee, Elizabeth Jane Brent (wife). By cross-appeal, wife challenges the amount of prejudgment interest awarded in her favor on the note. We will affirm the judgment of the trial court.

Background

In the divorce proceeding, wife sough... More...   $0 (02-21-2013 - TX)

Appellant Karen Gatlin appeals a judgment entered against her in favor of Joey Moore, appellee. Moore, on behalf of the estate of her deceased father, Joe Sam Irvine, sued Karen and Chris Gatlin for breach of contract, statutory fraud, misrepresentation, violation of Texas Property Code Subchapter D, and quantum meruit. Sitting without a jury, the trial court awarded Moore $22,527.89 based on the ... More...   $0 (02-21-2013 - TX)

¶1 Elise C. Brown (Brown) appeals the Final Partition Judgment of the Twentieth Judicial District Court, Lake County, which confirmed almost all of a report that partitioned 10.88 acres of property on and around Flathead Lake that Brown jointly owned with her sister, Helen L. Britton (Britton), as tenants in common. We reverse and remand for further proceedings.

¶2 The dispositive issue o... More...   $0 (02-12-2013 - MT)

This bankruptcy appeal asks whether a $43,675.50 debt (the “Debt”) that Appellant Kenneth Kinkade (“Kinkade”) owes his now-ex wife Irene Porter Kinkade (“Porter”) is dischargeable in bankruptcy. Relying on Section 523(a)(15) of the Bankruptcy Code, the bankruptcy court—and the district court on appeal—answered no. We agree, and AFFIRM the judgment of the bankruptcy court.

... More...   $0 (02-07-2013 - LA)

This is the third appeal we consider in this marital dissolution action between Richard Turkanis and Joan M. Price. In the first appeal, we considered the trial court‟s order after the first of two phases of trial. The purpose of this first phase of trial was to set the value at the date of marriage of a closely held corporation (Radman) formed by Turkanis prior to marriage (the valuation trial)... More...   $0 (01-30-2013 - CA)

The underlying cause was severed from another cause. As a result of the severance, the only issue in the underlying cause is whether the appellants are entitled to damages for royalties that allegedly were owed to the appellants but paid to the appellees. The appellees moved for a no-evidence summary judgment which the trial court granted. We reverse the trial court’s judgment and remand the cau... More...   $0 (01-30-2013 - tx)

A builder sued a homebuyer in a Utah state district court for failing to pay some charges for his home’s construction; the homebuyer counterclaimed, alleging that the construction was defective. Shortly before the Utah state court rendered a judgment, the homebuyer sued the builder in an Idaho state district court, seeking to void the builder’s allegedly fraudulent transfer of a ranch and appu... More...   $0 (01-29-2013 - ID)

Cindy Abbott and her adult son Travis Abbott (collectively, the Abbotts) brought this action under 42 U.S.C. § 1983 against Sangamon County, Sheriff Neil Williamson, and Deputy Troy Sweeney, each asserting Fourth Amendment claims of false arrest, false imprisonment, and excessive force. The district court granted summary judgment for Deputy Sweeney on all claims, and the County and Sheriff Willia... More...   $0 (01-29-2013 - IL)