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)

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)

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)

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)

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, 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 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 propertyâ€�) that she and Jahimiak shared... More...   $0 (05-12-2011 - WI)

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.

FACTUAL AND PROCEDURAL BACKGROUND

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

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 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)

Appellant General Agents Insurance Company of America, Inc. (“Gainscoâ€�) 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 Naggarâ€�) 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)

The instant action is before this Court upon the appeal of Edgar L. Bonner and Hazel Bonner [“Appellantsâ€�] 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 propertyâ€�] 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)

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)

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)

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 - )

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)

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,â€�... More...   $0 (03-17-2011 - TX)

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)

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 appeals the trial court‟s grant of summary judgment in favor of North Kansas City (“the Cityâ€�) and three employees of North Kansas City Hospital (“NKC Hospitalâ€�) 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)

John Horner (“Hornerâ€�) appeals the judgment of the Circuit Court of Jackson County (“trial courtâ€�) ordering the partition sale of property that he owned as a co-tenant with Karen Tadych (“Tadychâ€�) 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)

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)

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)

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 (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)