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Robert W. Britton v. Daniel P. Donnell

[¶1] This is the second appeal in a dispute between adjacent owners of shorefront land in York Harbor. See Britton v. Dep’t of Conservation (Britton I), 2009 ME 60, 974 A.2d 303. In Britton I, we held that if a wharf extending in front of the tidal flats of adjacent property injures the adjacent landowners’ enjoyment of their riparian rights, the Wharves and Weirs Act, 38 M.R.S. § 1026 (2010... More...   $0 (02-08-2011 - ME)

Roxanne Dorsey v. Houston Housing Authority

In these consolidated cases, Roxanne Dorsey appeals (1) a forcible detainer judgment, contending the trial court erred by refusing to require a subpoenaed witness to appear instanter during trial or show cause why he should not be held in contempt for failing to appear and (2) the court’s post-trial order refusing to find the witness in contempt. We affirm the forcible detainer judgment. Howev... More...   $0 (02-08-2011 - TX)

John W. Overton v. Mae W. Overton

This is an appeal from the trial court’s cumulative judgment for child support arrearages entered in favor of appellee, Mae W. Overton (“Mae”), and against appellant, John W. Overton (“John”). In five issues, John contends that the trial court abused its discretion by (1) denying his verified plea of defect of parties; (2) failing to recognize that it no longer had jurisdiction to confi... More...   $0 (02-08-2011 - TX)

Sincerely Yours, L.P. v. NCI Building Systems, L.P., d/b/a Metallic Building Company

Appellee, NCI Building Systems, L.P., d/b/a Metallic Building Company (NCI), filed a motion to dismiss the appeal filed by appellant, Sincerely Yours, L.P. (Sincerely Yours). We grant the motion and dismiss the appeal.

Sincerely Yours asserted claims of defective design and fabrication of roof trusses that were manufactured by NCI. In 2004, during a thunderstorm, the roof of S... More...
   $0 (02-08-2011 - TX)

William Wilson v. City of Aurora

William Wilson appeals the district court’s decision that his 42 U.S.C. § 1983 claims are time-barred. Exercising jurisdiction under 28 U.S.C. § 1291, we AFFIRM.

The initial complaint, filed in September 2009, alleged that defendants violated Mr. Wilson’s civil rights by investigating him, searching his residence, causing the destruction of his business, and engaging in a conspiracy a... More...
   $0 (02-08-2011 - CO)

Jordan-Arapahoe, LLP v. Board of County Commissioners of the County of Arapahoe

Jordan-Arapahoe, LLP, and Jacob Mazin Company, Inc. (together Jordan- Arapahoe) own land in Arapahoe County, Colorado that they intended to develop for use as a car dealership and sell to CarMax, Inc. Learning of the planned development, the Arapahoe County Board of County Commissioners rezoned the land, thwarting the sale.

Jordan-Arapahoe sued under 42 U.S.C. § 1983, claiming Arapahoe Cou... More...
   $0 (02-08-2011 - CO)

Kirby Vickers v. Pamela K. Lowe, P.C.

Kirby Vickers challenges the Idaho Transportation Department’s (ITD) decision to grant his neighbor, Dr. Edward Savala, a permit to expand an encroachment onto Highway 55. This permit is conditioned on Dr. Savala implementing certain additional safety features. Vickers claims that the ITD is not authorized to issue conditional-encroachment permits and that the new approach would impermissibly de... More...   $0 (02-08-2011 - ID)

Daniel T. Chappell v. William Wenholz

¶1 In this appeal we decide whether participants in a brawl can be held jointly liable under Arizona Revised Statutes (“A.R.S.”) section 12-2506(D)(1) (2003) for injuries inflicted on common foes. We hold that under the circumstances of this case, sufficient evidence exists that defendants/appellees William Wenholz and Michael Bean acted in concert to inflict injuries on plaintiffs/appellants... More...   $0 (02-08-2011 - AZ)

Robert Storay v. City of Little Rock

In this civil rights action against the City of Little Rock (City) and three police officers, Robert Storay appeals the district court’s1 adverse grant of summary 1The Honorable William R. Wilson, Jr., United States District Judge for the Eastern District of Arkansas.

judgment in favor of the City and the court’s order granting the police officers’ motion to dismiss. Upon careful re... More...
   $0 (02-08-2011 - AR)

Oklahoma Natural Gas Company v. Yocham Enterprises

Oklahoma Natural Gas Company sued Yocham Enterprises for damages. The claims made and defenses asserted are not available.... More...   $1 (02-07-2011 - OK)

County of Los Alamos v. John Park Martinez

{1} In this appeal, we review the district court’s order denying Plaintiff’s, County of Los Alamos (County), motion for summary judgment and granting Intervenor’s, Los Alamos Firefighters Association Local #3279 (Union), cross-motion for summary judgment. The district court determined that paramedic training contracts are subjects of mandatory bargaining and that the County may not unilatera... More...   $0 (02-07-2011 - NM)

Bobby Massey, Jr. v. Commissioner of Social Security

Bobby Massey, Jr., (“Massey”) filed an application for disability benefits in 2004, claiming disability since September 22, 2003, when he injured his back. The administrative law judge (“ALJ”) awarded Massey a closed period of disability benefits, concluding that after February 1, 2005, Massey was no longer disabled. The appeals council and the district court affirmed the decision to award... More...   $0 (02-07-2011 - KY)

The City of Cayce v. Norfolk Southern Railway Company

The City of Cayce ("City") cited Norfolk Southern Railway Company ("Norfolk") for violating a public nuisance ordinance, Cayce, SC, Code § 28-251. The citation was based on the condition of one of Norfolk's bridges that was covered with rust and graffiti. A municipal judge found Norfolk guilty of violating the ordinance. The circuit court reversed based on its determination the ordinance was p... More...   $0 (02-07-2011 - SC)

David J. Bonfiglio v. John J. Fitzgerald, Jr.

On October 12, 2007, John J. Fitzgerald (“Fitzgerald”), the appellee, was divorced from Lori F. Fitzgerald (“Lori Fitzgerald” or “the Decedent”) in the Circuit Court for Montgomery County. A Marital Settlement Agreement (“the Agreement”) was incorporated, but not merged, into the parties’ judgment of absolute divorce. In the Agreement, Fitzgerald granted Lori Fitzgerald his entir... More...   $0 (02-07-2011 - MD)

Lenan Cappel v. Riaso, L.L.C.

In this appeal, we are asked to determine whether, in an action to enforce a confession of judgment clause in a guarantee of a promissory note executed outside the State of Maryland, the Circuit Court for Montgomery County had personal jurisdiction over Lenan Cappel and his wife, Pauline Cappel, (the “Cappels”), appellants, by virtue of their ownership of unimproved real property in Maryland u... More...   $0 (02-07-2011 - MD)

Eddy I. Mejia v. Fair Wind, Inc.

Crewmember Eddy I. Mejia sued Fair Wind., Inc. on a negligence theory under the Jones Act for the injuries that he sustained in an alleged accident on the F/V MICHAEL & KRISTEN, an offshore lobster vessel, on or about July 28, 2007. He claimed that he slipped onboard the vessel as a result of oil on the deck of the breaking station. Fair Wind contested liability. ... More...   $0 (02-07-2011 - MA)

Town of Coventry v. Baird Properties, L.L.C.

This case came before the Supreme Court on October 27, 2010, pursuant to an order directing the parties to appear and show cause why the issues in this appeal should not summarily be decided. The defendant, Baird Properties, LLC (defendant or Baird) appeals from: (1) a Superior Court order enjoining the defendant and “its member,” Michael Baird, from harassing the intervenors, James and Lee St... More...   $0 (02-07-2011 - RI)

Tracie Coristine v. Thomas Coristine

Tracie Coristine (wife) appeals from a final judgment of dissolution of marriage. The primary issue on appeal is whether the trial court abused its discretion by ordering the sale and partition of the marital home rather than awarding exclusive use and possession of the home to the wife until the youngest of the parties' three children reaches the age of majority. We affirm.

As a general ru... More...
   $0 (02-07-2011 - FL)

Ray Birmingham v. Experian Information Solutions, Inc.

Raymond Birmingham was the victim of identity theft. Verizon Wireless closed two fraudulent accounts opened in his name, but he disputed charges to his legitimate accounts and closed those as well. Verizon then reported his failure to pay the charges to the three major credit-reporting agencies—Experian Information Solutions, Inc. (Experian); Equifax; and TransUnion. Birmingham disputed these re... More...   $0 (02-07-2011 - UT)

The Estate Of Ashlie Bunch: Amy Kozel v. Mcgraw Res. Ctr D/b/a Seattle Children's Home

Amy Kozel appeals the trial court’s order denying her motion to intervene in this wrongful death of a child action by Steven Bunch, the personal

During their marriage, Steven Bunch and Amy Kozel adopted Ashlie and her younger sister. Bunch and Kozel were then residing in Florida. They divorced in 2001, three years after the two adoptions.

Thereafter, Bunch moved to Washington. Ashl... More...
   $0 (02-07-2011 - WA)

Monika Johnson v. Recreational Equipment, Inc.

The Washington product liability act (WPLA), chapter 7.72 RCW, sets forth a statutory form of vicarious liability whereby a product seller assumes the liability of a manufacturer where a product is marketed under the seller’s brand name. Because permitting the product seller to attribute fault to the actual manufacturer would abrogate this provision of the WPLA, principles of comparative fault d... More...   $0 (02-07-2011 - WA)

Leroy Bushnell v. Medico Insurance Company

Leroy Bushnell, as the personal representative of the Estate of Evelyn Bushnell (Bushnell), appeals summary judgment dismissal of the lawsuit against Medico Insurance Company of Nebraska (Medico) for denial of coverage under a nursing care insurance policy issued to Evelyn Bushnell in 1987. Medico denied Bushnell’s claim for nursing care benefits on the grounds that the three-day prior hospitali... More...   $0 (02-07-2011 - WA)

Christine L. Brown v. Fred F. Brown

Fred Brown appeals the trial court’s denial of an award of fees and costs in a trial de novo appeal of a mandatory arbitration decision on spousal maintenance. Because recent amendments to the mandatory arbitration of civil actions statute, chapter 7.06 RCW make such an award mandatory “against a party who appeals the award and fails to improve his or her position on the trial de novo,” we r... More...   $0 (02-07-2011 - WA)

Carlos Arechiga v. Dolores Press, Inc.

Carlos Arechiga appeals from the court‟s judgment dismissing his complaint seeking payment of additional overtime wages from his former employer, Dolores Press, Inc. We affirm. FACTS AND PROCEEDINGS Appellant Carlos Arechiga began working as a janitor for respondent Dolores Press, Inc. (“Employer”), in January 2000. Arechiga and Employer orally agreed he would work eleven hours a day, six da... More...   $0 (02-07-2011 - CA)

Nancy Anders v. Meritage Homes of California, Inc.

In response to a motion by real party in interest (real party), the trial court issued an order that included a requirement that petitioners comply with the statutory procedures ordinarily imposed on homeowners as a prerequisite to filing an action against a builder to remedy construction defects. Petitioners seek a writ of mandate directing the trial court to vacate its order and instead enter an... More...   $0 (02-07-2011 - CA)

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