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Alexandra M. Alvarez v. Brookstone Company, Inc.

Plaintiff Alexandra M. Alvarez appeals a judgment entered after the trial court sustained the demurrer filed by defendant Brookstone Company, Inc. (Brookstone) to her complaint that alleged a violation of Civil Code1 section 1747.08 for requesting and recording her ZIP code as part of a credit card transaction. On appeal, Alvarez contends that because Pineda v. Williams-Sonoma Stores, Inc. (2011) ... More...   $0 (01-18-2012 - CA)

Sandra Hill v. Thomas Dittmer

Sandra Hill and Thomas Dittmer are ending their seven-year marriage. Because each had brought considerable personal wealth to the marriage, Dittmer insisted that they enter into a premarital agreement (Agreement). Hill agreed and had her attorney draft the document including additions and revisions requested by Dittmer's counsel. Dittmer and Hill signed the Agreement on the day of the wedding, pri... More...   $0 (01-18-2012 - CA)

David E. Neitlich v. Thirty-Three Sixty Condominium Association, Inc.

The Neitlichs appeal the order awarding the condominium association attorney’s fees as the prevailing party. We affirm in all respects but one. We agree with the Neitlichs that it was error to award fees to attorney Perez-Martinez. Perez-Martinez failed to testify at the hearing and is therefore precluded from a n award of attorney’s fees. See Quality Holdings of Fla., Inc. v. Selective Invs.,... More...   $0 (01-18-2012 - FL)

Sunshine State Insurance Company v. Christopher Jones

This declaratory judgment action pits Sunshine State Insurance Co., the issuer of a homeowner’s policy, against Geico General Insurance Co., the issuer of an automobile insurance policy. Their dispute involves which one is liable for indemnity and defense of claims against a person they both insured. That person, a passenger in a car, grabbed the steering wheel. When the driver tried to get her ... More...   $0 (01-18-2012 - FL)

Christine D. Stubbs v. Surgi-Staff, Inc.

In her Second Amended Complaint, Christine Stubbs alleges that hospital orderly Lorenzo Rivera instructed her to move from a test bed to a gurney and that she fell while attempting this d u e to Rivera’s negligence in failing to exercise reasonable care in assisting her and in failing to prevent her fall. Rivera and his employer, Surgi-Staff, Inc., ultimately moved for summary judgment, arguing ... More...   $0 (01-18-2012 - FL)

LPI/Key West Associates, Ltd. v. Beachcomber Jewelers, Inc.

The plaintiff, LPI/Key West Associates, Ltd. (“Landlord”), appeals from a final judgment. We reverse and remand for entry of a final judgment consistent with this opinion.

The Landlord filed an action against Beachcomber Jewelers, Inc. (“Beachcomber”), and Tim Greene (“Greene”) (collectively, “the Defendants”), alleging Beachcomber breached a lease agreement and Greene is pe... More...
   $0 (01-18-2012 - FL)

Frank C. Caballero v. Phoenix American Holdings, Inc.

This is an appeal by a counter-plaintiff, Frank C. Caballero, from a final summary judgment finding the language of a General Release executed by Caballero exonerates the appellees—five third-party corporate defendants: Phoenix American Holdings, Inc.; Phoenix American Insurance Group, Inc.; Phoenix American Administrators, Inc.; Insurance Adjustment Services, Inc.; and Wynn’s Extended Care, I... More...   $0 (01-18-2012 - FL)

Thomas Agustin Zelazquez Leon v. Ida R. Velazquez

Thomas Agustin Velazquez Leon, the former husband, appeals an “Order on Former Wife’s Motion for Temporary Attorney’s Fees, Costs and Suit Monies Pending Appeal.” Because the order does not contain any findings concerning the former wife Ida R. Velazquez’s needs, or the former husband’s ability to pay fees, we reverse and remand for a new hearing, with directions to the trial court to ... More...   $0 (01-18-2012 - FL)

Rolls-Royce, Inc. v. Oscar Garardo Posadas Garcia

In this consolidated action, Rolls Royce, Inc., Simmonds Engine Precision Products, Inc., Goodrich Pump & Engine Control Systems, Inc., and Bell Helicopter Textron, Inc. appeal the trial court’s non-final order denying their motion to dismiss based upon forum non conveniens. For the reasons which follow, we reverse.

These claims arose when a helicopter, owned by the Mexican government and... More...
   $0 (01-18-2012 - FL)

Sunbeam Television Corporation v. Marilyn A. Mitzel

Sunbeam Television Corporation appeals from a final judgment awarding damages on a discrimination claim in favor of Marilyn A. Mitzel, a reporter whose contract Sunbeam opted to terminate. We conclude that the trial court erred when, years into the litigation, it permitted Mitzel to change the theory of her case from one of strictly age discrimination, as reflected in her charge to the FCHR and EE... More...   $0 (01-18-2012 - FL)

Ava G. Byrne v. Daniel R. Byrne

Ava G. Byrne (“Ava”) appeals from a final judgment of dissolution of marriage and order denying her post-trial motions. Daniel R. Byrne (“Dan”) crossappeals. Both parties challenge specific aspects of the trial court’s equitable distribution and award of permanent alimony. We reverse and remand for proceedings consistent with this opinion.

EQUITABLE DISTRIBUTION

The trial c... More...
   $0 (01-18-2012 - FL)

Elena Casines v. State Farm Florida Insurance Company

The trial court’s order granting a new trial in this case is affirmed on the ground the juror was stricken absent a jury interview. See De La Rosa v. Zequeira, 659 So. 2d 239, 241 (Fla. 1995) (delineating three-part test to determine whether a juror’s nondisclosure of information during voir dire warrants a new trial); Simon v. Maldonado, 65 So. 3d 8, 10 (Fla. 3d DCA 2011) (“[T]he mere possi... More...   $0 (01-18-2012 - FL)

Raquel D. Mollinea v. Humberto A. Mollinea

We have for review an “Order on Former Wife’s Motion to Enforce Reimbursement of Mortgage Payments, Motion for Contempt Regarding Payment of Attorney’s Fees and Costs, and Motion for Attorney’s Fees and Costs.” The order grants the motion for contempt, but denies the motions for reimbursement of mortgage payments and for attorney’s fees. We affirm the portions of the order granting App... More...   $0 (01-18-2012 - FL)

Sand Point Ranch, Ltd. v. H. Carlos Smith

This is an appeal from a jury trial on the commissioners' report in a partition of land suit. See TEX. R. CIV. P. 761, 769, 771. The land sought to be partitioned is owned by the Smith family. Some of the Smith family (hereinafter, the H. Carlos Smith family)1 wished to sell the land and sought partition against the remaining members of the family (who formed the appellant Sand Point Ranch, Ltd. e... More...   $0 (01-18-2012 - TX)

Charles McElroy v. Teague Housing Authority

The Teague Housing Authority, as landlord, brought an eviction (forcible detainer) action against Charles McElroy in justice court in Freestone County.1 A jury found for the Authority, and the justice court entered judgment for possession of the apartment at issue to the Authority and attorney’s fees of $1,600.50. McElroy appealed to the county court, and after a trial de novo, the county court ... More...   $0 (01-18-2012 - TX)

Jane Matyastik v. The City of Cameron, Texas

Jane Matyastik appeals from an order granting the City of Cameron’s motion to foreclose on three demolition liens encumbering her realty. The order was issued after the trial court conducted a hearing on the motion, a hearing at which Matyastik did not appear. She suggests, via a motion for new trial, that she was absent from the hearing because she failed to receive notice of the proceeding and... More...   $0 (01-18-2012 - TX)

Jack Johnson v. David Smith

Appellant Jack Johnson appeals the trial court’s award of attorney’s fees and costs to appellees David Smith, Sharri Smith and Alpine Industries, Inc. Through two issues, Johnson asserts the trial court erred in its award. We affirm the trial court’s award of attorney’s fees.

Background

Beginning in 1985, Alpine Industries, Inc. operated a public shooting range and retail sto... More...
   $0 (01-18-2012 - TX)

Seitel Data, Ltd. v. Ralph Smimmons

Seitel Data, Ltd., entered into a contract with the Ralph Simmons and Laura Angela Simmons Family Living Trust (Simmons) wherein Seitel would enter upon the Simmons property in Shelby County, Texas, to conduct seismic testing.[1] Simmons conducted a chicken growing operation on the premises, an activity which requires a substantial amount of water in order to keep the chicken houses cool. To sup... More...   $0 (01-18-2012 - TX)

Malcolm Pipes v. S. Scott Hemingway d/b/a Law Offices of D. Scott Hemingway

Malcolm Pipes sued D. Scott Hemingway d/b/a Law Offices of D. Scott Hemingway; Greg Bender; SJS Holdings, LLC; FOI Group, LLC; Red River Fiber Optic Corporation; and Carl L. Goodzeit (collectively appellees), as well as Tewari De-Ox Systems, Inc., for conversion. In one issue, Pipes argues the trial court erred by dismissing Pipes's claim against appellees. See Footnote 1 We affirm the trial co... More...   $0 (01-18-2012 - TX)

George Ochoa v. Randall G. Workman

In Atkins v. Virginia, 536 U.S. 304, 321 (2002), the Supreme Court held that the Eighth Amendment precludes the execution of mentally retarded criminals. Relying on Atkins, the Oklahoma Court of Criminal Appeals (“OCCA”) granted George Ochoa, a convicted murderer under sentence of death, a post-conviction jury trial to determine whether he was mentally retarded. The jury found Ochoa failed to ... More...   $0 (01-18-2012 - OK)

Ronald M. Yonemoto v. Department of Veterans Affairds

The Freedom of Information Act, (“FOIA”), 5 U.S.C. § 552, mandates that federal agencies make their records available to the public upon request, subject to nine discretionary exemptions. See Milner v. Dep’t of Navy, 131 S. Ct. 1259, 1262 (2011). This case presents two FOIA issues. The first is whether an agency fulfills its disclosure obligation by offering to supply the documents to the r... More...   $0 (01-18-2012 - HI)

Sonija Morris v. City of Colorado Springs d/b/a Memorial Health System

Plaintiff-Appellant Sonja Morris appeals from the district court’s orders granting judgment on the pleadings on her First Amendment retaliation claim brought under 42 U.S.C. § 1983, and summary judgment on her claim for sexual harassment under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17, in favor of Defendant-Appellee City of Colorado Springs. Exercising jurisdic... More...   $0 (01-18-2012 - CO)

Martin Mulhall v. United Here Local 355

On this appeal, we decide whether organizing assistance offered by an employer to a labor union can be a “thing of value” contemplated under § 302 of the Labor Management Relations Act (“LMRA”), 29 U.S.C. § 186. Section 302 makes it unlawful for an employer to give or for a union to receive any “thing of value,” subject to limited exceptions. We hold that organizing assistance can be... More...   $0 (01-18-2012 - FL)

State of Oklahoma v. Ashley Nicole Lovelady

OK City, OK - State of Oklahoma v. Ashley Nicole Lovelady:

Count # 1. Count as Filed: RR2, INCURRING FORFEITURE OF BAIL, in violation of 59 O.S. 1335
Date of Offense: 11/04/2010

Party Name

Disposition Information

LOVELADY, ASHLEY NICOLE Pending.

01-17-2012 TEXT
Criminal Felony Initial Filing.
1 LOVELADY, ASHLEY NICOLE
01-17-... More...
   $0 (01-17-2012 - OK)

State of Oklahoma v. Shamar Thomas

OK City, OK - State of Oklahoma v. Shamar Thomas:

Count # 1. Count as Filed: RR2, INCURRING FORFEITURE OF BAIL, in violation of 59 O.S. 1335
Date of Offense: 11/08/2011

Party Name

Disposition Information

THOMAS, SHAMAR Pending.


01-17-2012 TEXT
Criminal Felony Initial Filing.
1 THOMAS, SHAMAR
01-17-2012 INFORMATION <... More...
   $0 (01-17-2012 - OK)

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