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Partition Law
 
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 - )

Cardinal Robotics v. Leonard Moody, et al.

This is an appeal from orders issued in relation to an action to partition real property in Fannin County. The challenge made is to the refusal to disqualify counsel and its alleged effect on the propriety of the trial court’s entry of other rulings. For the reasons which follow, we affirm.

The present action for the partition of real property followed other litigation involving claims br... More...
   $0 (03-26-2010 - GA)

Earleen Sebra v. Thomas J. Wentworth

[¶1] Thomas J. and Bobbie Jo Wentworth appeal from a judgment of the Superior Court (Androscoggin County, Brodrick, J.) entered in favor of Earleen Sebra on her common law trespass claim. The Wentworths contend that the court erred in finding that (1) claim preclusion barred their affirmative defense of an easement by necessity; (2) there was sufficient evidence of malice to justify a punitive da... More...   $0 (03-16-2010 - ME)

Lloyd's Inc. v. Charles R. Lloyd

The appellant herein and plaintiff below, Lloyd's, Inc. (hereinafter “Lloyd's”), appeals from an order entered February 11, 2009, by the Circuit Court of Braxton County. By that order, the circuit court granted the motion to dismiss filed by the appellee herein and defendant below, Charles R. Lloyd (hereinafter “Charles Lloyd”), and dismissed Lloyd's complaint finding that the claims ass... More...   $0 (03-04-2010 - WV)

Billie Lynn Thompson v. John R. Lynch

In this appeal we consider whether the Court of Chancery lacked subject matter jurisdiction to partition a parcel of land, and whether its decision was based on an adequate factual record. After the partition process had concluded, and appellants learned that they would not receive the divided parcel they wanted, they claimed that the trial court lacked jurisdiction to partition the land because i... More...   $0 (02-25-2010 - DE)

Anthony St. Pierre v. Loretta Ann Rivera St. Pierre

The defendant Loretta St Pierre appeals a judgment which declared that she and her ex husband Anthony St Pierre operated under a community property regime during their marriage For the following reasons we dismiss the appeal and remand the case for further proceedings in the trial court.

FACTS AND PROCEDURAL HISTORY

Loretta St Pierre and Anthony St Pierre were married on October 1, 1... More...
   $0 (02-12-2010 - LA)

J. Kenneth Kelley v. Colleen Kelley Root

Defendants appeal the trial court’s October 22, 2008 judgment of partition regarding a disputed 40-acre parcel of land located in Ash Township within Monroe County, which was owned by the parties as tenants in common. We affirm.

Plaintiffs’ August 8, 2007 complaint sought to partition the 40-acre parcel of property, described as:

The East ÂĽ of the Southeast ÂĽ of Section 33,... More...
   $0 (02-11-2010 - MI)

Lonnie Phillips v. Betty Willy

This appeal arises from a suit to clear title to a 50-acre tract of land. The parties, or their predecessors in interest, have been in litigation over this land for more than 30 years. Appellants, Lonnie Phillips and Lance Phillips, as next friend, ("appellants," collectively, "Lonnie" and "Lance," individually), appeal judgments rendered against them upon separate motions for summary judgment fil... More...   $0 (01-30-2010 - )

Richard Dodson, Clint Singleton, James Stricklin, and William Carver ("Appellants") appeal a summary judgment entered in favor of Pemiscot Memorial Hospital ("Hospital"). That judgment ruled as a matter of law that Hospital was not required to pay Appellants the "prevailing wage" pursuant to section 290.2101 for work Appellants performed for Hospital. Appellants allege Hospital was not entitled to... More...   $0 (12-30-2009 - MO)

Lawrence W. Ferguson v. Alice M. Strutton

Alice M. Strutton ("Client") appeals a judgment entered against her in favor of Lawrence W. Ferguson ("Attorney") on his Petition to Enforce Attorney's Lien brought pursuant to section 484.130.1 Attorney's suit was based on a written contingency fee agreement executed by Client. Client claims the trial court erred by 1) striking her pleadings for failure to comply with the court's order that she p... More...   $135804 (12-30-2009 - MO)

Judy Lawrence v. Desiree Alexis Stafford

This appeal is a continuation of a long-running family dispute over title to land in Dallam County. Appellant Judy Lawrence, (1) appearing pro se, challenges the trial court's decree partitioning real property between Lawrence and her niece, appellee Desiree Alexis Stafford Hughes. (2) Finding Lawrence's issues without merit, we affirm the judgment of the trial court. Finding further that the appe... More...   $0 (12-26-2009 - )

Christopher Ries v. The City of Chicago

Defendant, the City of Chicago (City), appeals from a jury verdict awarding plaintiffs, Christopher Ries and Michael Martinez, damages in the amount of $4,052,572 and $159,069 respectively, for injuries they sustained when a police car, driven by Demario Lowe, struck the car in which the plaintiffs were driving. Immediately before the accident, Lowe had stolen the police car after being detained i... More...   $0 (11-25-2009 - IL)

B.B. & C. Partnership v. Edelweiss Condominium Association

In this quiet title adverse possession case, we review and affirm a judgment of the court of appeals.1 B.B. & C. Partnership ("BB&C") obtained a summary judgment in the trial court quieting its title to the property identified as parking space 21 of the Edelweiss Condominiums ("Edelweiss") located in Vail, Colorado. Relying on the color of title adverse possession statute, section 38-41-108, C.R.S... More...   $0 (11-24-2009 - CO)

Mel Stewart v. City of Salem

Respondent City of Salem (the city) seeks review of an opinion and order of the Land Use Board of Appeals (LUBA) that reversed the city's denial of petitioner's application for approval of a tentative partition plan. The city contends that LUBA erred in concluding that petitioner adequately preserved his objections to the denial of the partition request. The city also asserts that LUBA erred in ... More...   $0 (10-14-2009 - OR)

Alexander J. Rissolo, Jr. v. Betts Island Oyster Farms, LLC, et al.

This is an appeal from two matters, Rissolo v. Betts Island Oyster Farms, LLC, and Lovejoy v. Rissolo, formally consolidated by motion on the second day of trial on November 28, 2007.1 Both cases are essentially partition actions, with the Lovejoy case seeking additional relief in a count for damages for a breach of contract. The trial court ordered a partition by sale and awarded damages to Frede... More...   $0 (09-29-2009 - CT)

World Species List - Natural Features Registry Institute v. Richard David Reading & another

A judge of the Land Court entered a summary judgment declaring that easement language was in essence a view easement that permits the defendants to cut vegetation in order to maintain their view. The plaintiff appeals. We affirm.

Background. The original plaintiff, Richard Stafursky, is the founder and president of World Species List--Natural Features Registry Institute (World Species). Wor... More...
   $0 (09-29-2009 - MA)

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