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Probate Law
 
In re Jennifer Durbin; Robert L. Gibbins, Jr.; Steve A. Gibbins; and Kyndal Wood

Relators Jennifer Durbin, Robert L. Gibbins Jr., Steve A. Gibbins, and Kyndal Wood
filed a petition for writ of mandamus asking this Court to direct the trial court to vacate or set aside
its orders denying the relators’ motions to compel discovery in a probate proceeding. See Tex. Gov’t
Code § 22.221; see also Tex. R. App. P. 52.1. At the same time, the relators filed a motion for
... More...
   $0 (06-17-2017 - TX)

Robin Hutchheson v. Eskaton Fountainwood Lodge

This case turns on whether an attorney-in-fact who admitted her principal to a
residential care facility for the elderly made a “health care” decision. If she did, as the
trial court found, she acted outside the scope of her authority under the power of attorney,
and the admission agreement she signed, and its arbitration clause this appeal seeks to
enforce, are void.
To answer... More...
   $0 (06-15-2017 - CA)

ConocoPhillips Company v. Leon Oscar Ramirez, Jr., Individually, and Jesus M. Dominguez, as Guardian for Minerva Clementina Ramirez, an incapacitated person, Individually

ConocoPhillips Company and Rodolfo C. Ramirez, Individually and as Independent Administrator of the Estate of Ileana Ramirez, and El Milagro Minerals, Ltd. appeal the trial court’s judgment declaring that appellees Leon Oscar Ramirez, Jr., individually, and Jesus M. Dominguez, as Guardian of the Estate of Minerva Clementina Ramirez, an Incapacitated Person, each own a 1/12 mineral interest in the ... More...   $0 (06-08-2017 - TX)

Brian Krajca v. Vicki Caum, Individually and as Independent Executrix in the Estate of Billie F. Krajca, deceased

This is an appeal from a summary judgment in an action to remove and replace the independent executrix of an estate. Due to a typographical error during the electronic-filing process, the appellant filed timely, but failed to serve timely, his response to a summary-judgment motion. Despite the appellant’s explanation
2
of the mistake, the trial court disregarded the late-served response an... More...
   $0 (06-08-2017 - TX)

In the Matter of the Estates of Phillip Chin

The Oregon Probate Code allows an “interested
person” to take certain actions with regard to a decedent’s
estate, including petitioning to reopen an estate for
proper cause. The code defines an “interested person” to
include “heirs, devisees, children, spouses, creditors and
any others having a property right or claim against the
estate of a decedent that may be affected by... More...
   $0 (05-24-2017 - OR)

Elma Garza Gonzalez v. Norma Garza Martinez, Ricardo Garza Gonzalez, Albino Garza Gonzalez, Hugo Garza Gonzalez, Danny Garza Gonzalez, Yesenia Quijana, Julio Cesar Garza Gonzalez and Raul Garza

Appellant Elma Garza Gonzalez was sued by her eight siblings for fraud, breach of fiduciary duty, and conversion in connection with the disposition of their
2
late father’s assets. The trial court granted summary judgment against Elma,
awarding damages to her siblings and declaring void a gift of real property.
On appeal, Elma raises two issues, arguing that the court lacked subjec... More...
   $0 (05-23-2017 - TX)

Aisha A. Krechuniak v. Zia Jamal Noorzoy

I. INTRODUCTION
This appeal challenges an order enforcing an agreement between two siblings,
Aisha A. Krechuniak (“Sister”)1
and her brother Zia Jamal Noorzoy (“Brother”), settling
litigation concerning the failed development of a residential parcel in Pebble Beach.
Sister was awarded a stipulated judgment of $850,000.00 against Brother as provided in
their “MEMORANDUM OF S... More...
   $0 (05-13-2017 - )

In the Matter of the Estate of Pierce

¶1 Appellants Colin Peirce, Caitlin Pierce, and Christian Pierce are the adult children of Christopher Hannah Pierce (Pierce), deceased. They appeal the district court's September 22, 2015 and October 21, 2015 orders denying their motions for partial summary judgment and granting Appellee Vanessa Pierce's motions for partial summary judgment.1 Appellants' motions challenged the validity of Pierce'... More...   $0 (05-11-2017 - OK)

Arthur C. Higgins v. Maria Lupe Higgins

A wife agreed to hold funds in trust for her husband’s
elderly stepmother. After her husband’s death, the wife
changed the form of the accounts and used the funds for her
own purposes. The stepmother died and her personal
representative brought this action to impose a constructive
trust on the funds. At the conclusion of the personal
representative’s case-in-chief, the tria... More...
   $0 (05-09-2017 - )

United States of America v. David Enrique Mez Federal Courthouse - San Diego, California

San Diego, CA - Federal Jury Convicts Imperial Beach Man in Fatal Stabbing of his Texas Boyfriend

On the second anniversary of his victim’s death, David Enrique Meza of Imperial Beach was convicted by a federal jury this morning of fatally stabbing his boyfriend 24 times, slashing his throat twice and dumping his body in a ravine near Rosarito Beach, Mexico in order to inherit the boyfri... More...
   $0 (05-08-2017 - CA)

McDermott Will & Emery, LLP v. Richard P. Hausman, Sr.

In this original proceeding, we consider several issues relating to a
confidential attorney-client communication, including (1) whether the client waived the
attorney-client privilege by disclosing the communication to third parties, and
(2) whether the trial court erred in disqualifying the law firm that represented one of
those third parties because its attorneys failed to notify... More...
   $0 (04-19-2017 - )

Tricia Galbreath v. Hale County Alabama Commission, et al. Hale County Alabama Courthouse

Jury Awards Hale County Administrator $136,600 in Damages For Wrongful Termination

Tracia Galbreath, a former Hale County Court Administrator, sued Hale County and Judge Arthur Crawford on civil rights violation theories under 42 U.S.C. 2000e claiming that she was discriminated against because of her race and age.

Crawford, who is African-American, was elected Hale County Probat... More...
   $0 (03-31-2017 - GA)

Jesse Brown v. SAIF Corporation

The issue in this workers’ compensation case is
whether claimant is entitled to benefits for his “combined
condition” claim. Under ORS 656.005(7)(a)(B), a “combined
condition” exists when an “otherwise compensable injury”
combines with a preexisting condition, and the otherwise
compensable injury remains the major contributing cause
of that combined condition.1 In this case... More...
   $0 (03-30-2017 - OR)

Bruce Hitt v. Frank Zarauskas d/b/a Boondocks Bar & Grill

This is an appeal from an order denying a motion for new trial following a post-answer
default judgment. Because the defendant presented uncontroverted proof entitling him to relief, we
must reverse.
BACKGROUND
Appellant Bruce Hitt is a real-estate broker and investor who, at relevant times,
owned a San Angelo restaurant then known as the “Stillwater Bar & Grill.”1 In 2013, Hit... More...
   $0 (03-29-2017 - TX)

BEBOUT v. EWELL

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The facts of this case are largely undisputed. R.V. Bebout died testate on March 30, 1980, as a resident of Tarrant County, Texas. His Last Wil... More...
   $0 (03-22-2017 - OK)

Roseanna Barrera v. Chererco, LLC

Rosanna Barrera, Jenesey Barrera, and Andrea Perez appeal the trial court’s judgment in favor of Chererco, LLC, contending the trial court erred by: (1) concluding their claims relating to the title to certain real property were barred by limitations; (2) concluding they failed to raise a fact issue on their adverse possession claim; and (3) entering a final judgment in the absence of an intereste... More...   $0 (03-09-2017 - TX)

Luke Gannon v. State of Kansas (Kansas Public School Funding Case)

This is the fourth school finance decision involving these parties and Article 6 of the Kansas Constitution, which imposes a duty on the legislature to "make suitable provision for finance of the educational interests of the state." Kan. Const. art. 6, § 6(b). The plaintiffs filed suit in 2010 asserting that the State violated this constitutional requirement by inequitable and inadequate funding ... More...   $0 (03-03-2017 - KS)

In the Matter of the Estate of Leonard P. Clark, Deceased

Dalton Hobbs, as personal representative for his
mother Thelma’s estate (Dalton), appeals from a judgment
of final distribution of the estate of his step-father, Leonard
Clark (the decedent).1 Respondents Downie and Evans are
the decedent’s daughters, and respondent Harrington is the
personal representative of the decedent’s estate. Dalton contends
that the probate court er... More...
   $0 (03-01-2017 - OR)

In the Matter of the Estate of Steven H. Harris Bruce G. Harris, Petitioner and Appellant v. Mary K. Harris, Respondent and Appellee MoreLaw – Internet Performance Marketing Market Yourself Any and Everywhere in the US Free of Charge If It Does Not Produce Calls to Your Office

[¶1] Bruce Harris appeals a district court's order denying his N.D.R.Civ.P. 60(b) motion to vacate a judgment entered consistent with stipulations Bruce Harris entered into with the trustee and personal representative of Steven Harris's trust and estate. Bruce Harris argues the district court abused its discretion by not vacating the judgment for lack of mutual assent, misrepresentation, and fraud... More...   $0 (02-28-2017 - ND)

James Harvey Jordan v. Eddie R. Jensen

¶ 1 Here, we consider whether Utah Code section 78B-2-206 bars a challenge to a tax title based on a tax sale effected without notice to an interested party. On May 25, 2000, Uintah County conducted a tax sale, yet failed to provide the record mineral interest owners notice of the sale. Now, over a decade later, the purchaser of the tax title and the individuals who were the record owners of the m... More...   $0 (01-11-2017 - UT)

Marvin Simmons v. Brian Bass

Elk City, OK - Marvin Simmons sued Brian Bass, et al. on interpleader theories.

SIMMONS, MARVIN, Plaintiff
AND, Plaintiff
GREENE, LINDA, Defendant
GILLMORE, BEVERLY JANE, Defendant
SIMMONS, RUBY N., Plaintiff
REVOCABLE TRUST, Plaintiff
LARSON, JUDY, Defendant
WALKER, JERRY DON, Defendant
WALKER, JERRY DON, Plaintiff
TRUSTEE, Plaintiff
HA... More...
   $0 (01-03-2017 - OK)

STATE OF IOWA vs. DENNIS BROUSE

This court already established the background facts relevant to this case
in Brouse’s prior appeal:
In 2007 the Iowa legislature enacted the Iowa Film, Television, and Video Project Promotion Program (Film Program). The Film Program was created to bring filmmakers and television producers from other locations to Iowa with the hope they would spend money in Iowa and grow the economy. T... More...
   $0 (12-21-2016 - IA)

STATE OF LOUISIANA V. MICHAEL J. REASON

On November 30, 2012, the Jefferson Parish District Attorney filed a bill of
information charging defendant, Michael Reason, with two counts of filing false
public records in violation of La. R.S. 14:133.1 Defendant pled not guilty to the
charges against him and waived his right to a trial by jury. Following a bench trial,
the trial judge found defendant guilty as charged as ... More...
   $0 (12-11-2016 - LA)

United States of America v. Susan M. Pioch, Margaret L. McKnight and Kurt L. Mallory

Toledo, OH - Toledo trio convicted at trial of forging will to steal $2.2 million

Three Toledo residents were convicted for forging a will to fraudulently gain control of an estate worth approximately $2.2 million.

Susan M. Pioch, 60, Margaret L. McKnight, 42, and Kurt L. Mallory, 53 are convicted on all counts following a weeklong jury trial.

All three were convicted on... More...
   $0 (11-21-2016 - OH)

STATE OF IOWA vs. TYRONE R. WASHINGTON, JR.

On August 19, 2013, Washington was charged by trial information with murder in the first degree in the death of Justina Smith. Washington entered a plea of not guilty and gave notice he would claim self-defense. The trial was initially set to begin on May 12, 2015. On May 5, 2015, Washington filed a motion to strike the jury panel, arguing there was “a material departure from the statutory... More...   $0 (10-27-2016 - IA)

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