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Probate Law
 
Susan Dent v. Kenneth S. Wolf, as Special Administrator, etc.

After concluding that appellant Susan Dent lacked
standing, the trial court dismissed her paternity lawsuit. The
narrow issue on appeal is whether a child who seeks a
declaration of paternity after her putative father is deceased
presents a justiciable controversy when the child requests no
financial remuneration. We conclude that Dent has standing to
pursue her paternity l... More...
   $0 (09-13-2017 - CA)

David Ceruolo v. Martha Garcia Supreme Court of Massachusetts - Boston, Massachusetts

The plaintiff, David Ceruolo (David) sued his
ex-wife Lyllian Ceruolo (Lyllian),2 and her mother, Martha Garcia
(Garcia) for defamation and negligent and intentional infliction
1 Lyllian Ceruolo.
2 Because these parties share the same last name, we refer
to them by their first names.
2
of emotional distress following the conclusion of a contentious
divorce. The defe... More...
   $0 (09-07-2017 - MA)

United States of America v. Robert Stephens Federal Courthouse - San Jose, California

San Jose, CA - Petaluma Resident Sentenced To 3.5 Years In Prison For Role In Wire Fraud Scheme

Defendant defrauded victims of more than $7 million by lying about the existence of a sick heiress in need of medical care

Robert Stephens was sentenced to 42 months in federal prison for conspiracy to commit wire fraud, wire fraud, and money laundering, announced United States Attorn... More...
   $0 (08-25-2017 - CA)

Richard Cash v. Cara King and Christian Cash

This is an appeal from a summary judgment in which the trial court declared the parties’ respective rights and interests regarding a mineral estate. Richard Cash argues the trial court erred by misconstruing assignments appellees Cara King and Chris Cash had executed, rendering a declaratory judgment, and awarding attorney’s fees. We affirm the trial court’s judgment.
1 Sitting by assignment.<... More...
   $0 (08-23-2017 - TX)

Jessica Parker Valentine and Bryan L. Parker v. Interactive Brokers LLC

Appellants, Jessica Parker Valentine and Bryan L. Parker (the “Parkers”), challenge the trial court’s order granting the motion of appellee, Interactive Brokers LLC (“IB”), to vacate an arbitration award. In two issues, the Parkers contend that the trial court erred in vacating the award.
2
We affirm.
Background
In their Second Amended Statement of Claim, the Parkers, pursuant to t... More...
   $0 (08-22-2017 - TX)

Patrick Dwayne Murphy v. Terry Royal, Warden, Oklahoma State Penitentirary United States Court of Appeals for the Tenth Circuit Denver, Colorado

Patrick Dwayne Murphy asserts he was tried in the wrong court. He
challenges the jurisdiction of the Oklahoma state court in which he was convicted of
murder and sentenced to death. He contends he should have been tried in federal
court because he is an Indian and the offense occurred in Indian country. We agree
and remand to the district court to issue a writ of habeas corpus vaca... More...
   $0 (08-14-2017 - OK)

Sylla Bangaly v. Alfred B. Baggiani

¶ 1 The instant appeal concerns a criminal contempt finding arising out of wrongful death
litigation in which the contemnor, Bangaly Sylla,1 was involved as the administrator of the
1We note that, due to inconsistencies in the record on appeal, Sylla was referred to as “Sylla
Bangaly” in our earlier opinion concerning that litigation but is actually named “Bangaly Sylla.”
No. 1-15-... More...
   $0 (08-02-2017 - IL)

Marianne Irvin v. Contra Costa County Employees'Retirement Association

Plaintiff Marianne Irvin and her late husband, Richard Irvin (respectively,
Marianne and Richard), obtained a judgment of legal separation a few months before his
death. Notwithstanding the separation, the couple‘s agreement dividing their assets
reflected Richard‘s intent that Marianne would receive the pension benefits available to a
surviving spouse after his death. Defendant Co... More...
   $0 (07-16-2017 - CA)

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)

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