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Partition Law
 
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)

Daniel Hearne v. Diane Banks

This case concerning the ownership of certain real property in Fort Smith is before us for the third time.1 Appellants Daniel Hearne and his wife Debora Hearne claimed an interest in this property by virtue of two deeds, one from Daniel Hearne’s mother, and the other from David Banks, the former husband of appellee Diane Banks. The circuit court held that the deed from Hearne’s mother failed f... More...   $0 (09-16-2009 - AR)

FTC v. Richard Neiswonger

Richard Neiswonger (Neiswonger) appeals the district court’s1 entry of a civil contempt order against Neiswonger for Neiswonger’s violations of a prior permanent injunction, enjoining him from using deceptive and misleading sales practices. Neiswonger claims the district court erred in denying Neiswonger’s motion for a separate hearing on the issues of damages and disgorgement of profits and... More...   $0 (09-09-2009 - MO)

Betty L. Smith v. Nancy L. Hodges and Ned L. Galloway

Oscar D. Galloway died in 2002. Betty L. Smith, Nancy L. Hodges, and Ned L. Galloway are Galloway=s siblings and heirs at law. On August 8, 2002, the county court issued an order granting an independent administration and naming Smith independent administratrix of the estate.

On November 29, 2006, Smith filed an application with the county court to sell approximately 164 acres in Stonew... More...
   $0 (08-20-2009 - TX)

Derrick Chance Hardy and Robert T. Hardy v. Ashly Megan Hardy

Robert M. Hardy (“Father”) and Derrick Chance Hardy (“Son”) challenge the trial court‟s order denying their request for reformation of the underlying warranty deed and ordering the partition and sale of the land as requested by Ashly Megan Hardy (“Daughter”). We affirm.

ISSUE

Whether the trial court erred in denying Father and Son‟s request for reformation of the ... More...
   $0 (08-11-2009 - IN)

Shlishey The Best, Inc. v. Citifinancial Equity Services, Inc., et al.

Shlishey the Best, Inc., the third-party purchaser at a foreclosure sale, appeals the trial court's order that set aside the foreclosure sale and vacated the certificate of sale, contending that it was denied procedural due process because the trial court entered the order ex parte and with no opportunity for Shlishey to be heard. Because the record supports this assertion, we reverse and remand f... More...   $0 (07-08-2009 - FL)

City of Providence v. Estate of Stephen A. Tarro, et al.

The plaintiff, City of Providence (city), appeals from a Superior Court judgment granting a writ of mandamus compelling the city’s building official to issue a demolition permit to the defendants, Estate of Stephen A. Tarro, Richard M. Tarro, Michael A. Tarro, and Patricia A. Tarro (defendants or the Tarros).1 The trial justice ordered the building official to issue a demolition permit to the de... More...   $0 (07-02-2009 - RI)

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