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Real Estate Law
 
Summers v. Financial Freedom

The relevant facts are, for all intents and purposes,
undisputed. On November 4, 1977, the decedent and Charlotte T.
Albeitsam took title as joint tenants with rights of survivorship
to residential property at 11 Sundance Street, Warwick, Rhode
Island (the Property). Following Albeitsam's death, the decedent
entered into a reverse mortgage with Financial Freedom Senior <... More...
   $0 (10-28-2015 - RI)

Tucker v. Town of Minturn

In May 2012, Minturn filed its verified Application.
¶4 In his capacity as trustee of an undisclosed trust, Tucker, proceeding pro se, filed
a Statement of Opposition to the Application. Thereafter, during a case management
conference, the water court questioned whether Tucker, in his capacity as a trustee,
could proceed pro se, given that he was not an attorney but was repres... More...
   $0 (10-28-2015 - CO)

NATIONAL SURETY CORPORATION vs. WESTLAKE INVESTMENTS, LLC

In 2003, Westlake Investments, LLC, entered negotiations to purchase
Westlake Apartments, a 300-unit apartment complex in West Des Moines, while
the complex was under construction.1 The developers (collectively, MLP
Management, LLC) guaranteed the construction would be “first class and of
workmanlike quality.” MLP purchased a primary commercial general liability
(CGL) po... More...
   $0 (10-28-2015 - IA)

Commonwealth v. Cameron

In April, 2003, a jury found the defendant, Ron jon Cameron, guilty on two indictments charging rape, in
violation of G. L. c. 265, § 22 (b). As part of its case against the defendant, the Commonwealth offered in evidence a
laboratory report regarding the presence of seminal residue on the complainant's underwear. The Commonwealth also offered testimony to suggest that there had been a... More...
   $0 (10-28-2015 - MA)

Kleen Energy Systems, LLC v. Commissioner of Energy & Environmental Protection

The issue in this appeal is whether the defendant, the Commissioner of Energy and Environmental Protection, acting through the Public Utilities Regulatory Authority (authority),1 had jurisdiction to resolve a dispute between the parties to a contract relatingtotheprovisionofelectricalcapacity.Pursuant toGeneralStatutes§ 16-243m,2 theauthorityconducted a proceeding to develop a form contract betwee... More...   $0 (10-28-2015 - )

City of Shavano Park v. Ard Mor, Inc., Texas Ardmor Properties, L.P., and Texas Ardmor Management, LLC

This is an appeal from the trial court’s denial of appellant’s plea to the jurisdiction. In an opinion and judgment dated July 29, 2015, we affirmed in part, reversed and rendered a dismissal in favor of appellant in part, and remanded for further proceedings. On August 13, 2015, appellant filed a motion for rehearing. Although we deny the motion for rehearing, we withdraw our opinion and judgment... More...   $0 (10-28-2015 - TX)

Sandra Saks, Lee Nick McFadin, III, and Margaret Landen Saks v. Broadway Coffeehouse LLC

This is the second appeal this court has considered involving: (1) the real property located at 5321 Broadway (“Property”); and (2) 5321 Broadway Partners, the Texas general partnership which owns equitable title to the Property (“Partnership”).
The first appeal addressed a challenge to a judgment entered in a probate proceeding confirming an arbitration award. The arbitration award resolved a... More...
   $0 (10-28-2015 - TX)

Hector Gonzalez v. Atenea Capital Markets Fund, LP

This is an appeal stemming from a dispute regarding an alleged investment scam. Appellee, Atenea Capital Markets Fund, LP (“Atenea”), brought suit against several of its founders, including appellant, Hector Gonzalez, for multiple causes of action. In three issues on appeal, Gonzalez argues Atenea did not have standing to sue, Atenea’s claims were not ripe at the time the lawsuit was filed, and At... More...   $0 (10-28-2015 - TX)

Thomas Glynn Flynt a/k/a Thomas Flynt a/k/a Thomas G. Flynt v. State of Mississippi

On April 11, 2009, Tommy Flynt and his family went to a cousin’s house for a large
family Easter egg hunt. Tommy arrived around noon with his wife, Melissa, and their two
children, Charee, fourteen, and Charles, ten. Samantha Crabtree, a friend of Charee’s, was
with them as well. The adults were drinking, and Tommy admits to having two beers.
¶3. At some point, Tommy’s older dau... More...
   $0 (10-28-2015 - MS)

State Bd. of Nursing v. Sesay

In November 2010, Mabinty Sesay was a practical nurse licensed by the State of
Maryland and employed by Maxim Health Care Services (“Maxim”). On the dates of
November 27-28, Ms. Sesay was assigned to provide in-home, overnight nursing care to
E.C., a young man with quadriplegia who has no movement, aside from weak use of his
biceps and triceps, from the chest down. He also ha... More...
   $0 (10-28-2015 - MD)

McCrimmon v. State

This appeal arises from the 2012 conviction in the Circuit Court for Baltimore
County of appellant Penny McCrimmon for embezzlement and misappropriation of funds
by a fiduciary and from the court’s sentence that included an order for restitution.
On March 31, 2011, the State filed a criminal information in the circuit court
charging McCrimmon with three counts: theft of prope... More...
   $0 (10-27-2015 - MD)

David Childers and Robert DeShawn Childers v. Leroy Darby

In August 2012, Darby filed a complaint to quiet title in certain real property, averring: "1. This action is brought pursuant to the Code of Alabama, 1975, as amended, § 6-6-540, et seq., and 6-[6]-560, et seq. "The Defendant land, in which a fee simple ownership interest is sought, is as follows: "Beginning at a point on the East line of the Northeast 1/4 of the Northeast 1/4 of Section 9, Town... More...   $0 (10-27-2015 - AL)

Finger Lakes Capital Partners, LLC v. Honeoye Lake Acquisition, LLC, et al

Plaintiff Finger Lakes Capital Partners, LLC (“Finger Lakes”) is a small and
struggling asset management firm. Over the course of a decade, Finger Lakes sponsored
investments in five portfolio companies. Each time, Finger Lakes formed a different
Delaware limited liability company as a special purpose vehicle for the investment.
Non-party Lyrical Partners, L.P. (“Lyrical”) is a... More...
   $0 (10-27-2015 - DE)

Martin v. Med-Dev Corporation and Finley

This case involves a dispute over the management of a medical device company.
Members of the company‟s board of directors accused the Chairman and CEO—the
plaintiff in this action—of misappropriating company funds, leading to his eventual
resignation. Although the plaintiff believed his resignation was contingent on the
appointment of two investors to the company‟... More...
   $0 (10-27-2015 - )

Aranosian Oil Co., Inc. & a. v. State of New Hampshire

The Environmental Protection Agency (EPA) requires that owners of underground storage tanks demonstrate their ability to pay cleanup costs and compensate third parties for bodily injury and property damage arising out of releases of petroleum products from their tanks. See 40 C.F.R. § 280.93 (2014). New Hampshire’s Oil Discharge and Disposal Cleanup Fund (ODD Fund), established in 1988, is an EP... More...   $0 (10-27-2015 - NH)

State of New Mexico v. William Pagan-Rivera

Following a jury trial, the district court entered judgment against Defendant
4 William Pagan-Rivera and sentenced him for the crimes of first-degree felony murder,
5 two counts of negligently caused child abuse, shooting from a motor vehicle, shooting
6 at a dwelling or occupied building, and tampering with the evidence. Defendant asks
7 this Court to reverse his convictions on gr... More...
   $0 (10-27-2015 - NM)

Mary Pettigrove Hull and Estate of John Byrd, Deceased, v. AHS Oklahoma Physician Group, Thomas E. Madaj, M.J. David L. McElwain, M.D.

Tulsa, OK - AHS Oklahoma Physician Group, Thomas E. Madaj, M.J. David L. McElwain, M.D. settle medical malpractice claims

Mary Pettigrove Hull and Estate of John Byrd, Deceased, sued AHS Oklahoma Physician Group, Thomas E. Madaj, M.J. David L. McElwain, M.D. on medical negligence theories claiming:

1. The Defendants and Defendants’ agents, servants and employees administered medi... More...
   $1 (10-26-2015 - OK)

United States of America v. Kim H. Birge

Savannah, GA - Former Chief Clerk of the Chatham County Probate Court Sentenced to 6 Years in Prison for Over $750,000 in Theft From Probate Court

KIM H. BIRGE, 61, the former Chief Clerk of the Chatham County Probate Court, was sentenced Friday by United States District Court Judge William T. Moore, Jr. to serve 6 years in federal prison for a scheme to steal money that was entrusted to ... More...
   $0 (10-26-2015 - GA)

James B. Nutter & Co. v. Black

This opinion is about the scope of legal protections afforded to individuals who
are unable to handle their financial affairs in a responsible manner because of a physical
or mental condition. We will use the terms “disabled,” “under a disability,” and “subject
to guardianship proceedings” to refer to persons who have been adjudicated by a court to
be unable to manage their propert... More...
   $0 (10-26-2015 - MD)

Branch Banking & Trust Company et al. v. Rex A. Nichols and Claudene Nichols

In late 2005, Sonny began talking to Winfree about obtaining financing from Colonial Bank ("Colonial"), Winfree's employer, for the purchase of approximately 500 acres of real property in Stapleton, Alabama ("the Stapleton property"). The Nicholses intended to develop the Stapleton property into a subdivision. Both Sonny and Claudene had worked in the real-estate market in Baldwin County for seve... More...   $0 (10-26-2015 - AL)

Shaun Michael Bosse v. State of Oklahoma

Shaun Michael Bosse was tried by jury and convicted of Counts I, II and III, First Degree Murder in violation of 21 O.S.Supp.2009, § 701.7(A); and Count IV, First Degree Arson in violation of 21 O.S.2001, § 1401(A), in the District Court of McClain County, Case No. CR-2010-213. For each of Counts I-III, the jury found that Bosse knowingly created a great risk of death to more than one person, that... More...   $0 (10-26-2015 - OK)

Janet Knutsen v. David M. Dion

In the Court’s February 26, 2015 decision, the remaining claims in this case were identified as follows: “(1) Ms. Knutsen’s claim that Mr. Dion is liable for misrepresentations regarding the likelihood of flooding; (2) . . . Mr. Dion’s right to indemnity from the Sweetsers; and (3) Mr. Dion’s right to attorney fees and other litigation expenses from Ms. Knutsen.” The claim for attorney fees is pr... More...   $0 (10-25-2015 - VT)

Sandhill Amusements, Inc. v Sheriff of Onslow County

Onslow County Sheriff Ed Brown ("Sheriff Brown") appeals from orders entered on 4 November 2013 denying his motions to dismiss under Rule 12 as well as granting a preliminary injunction in favor of plaintiffs Sandhill Amusements, LLC n 2 July 2013, Alcohol Law Enforcement ("ALE") Special Agent Kenny Simma ("Agent Simma"), Assistant Supervisor Keith Quick ("Agent Quick"), and Onslow County Sheriff'... More...   $0 (10-25-2015 - NC)

LexisNexis Risk Data Mgmt., Inc. v. N.C. AOC

In this case, we consider whether our state’s Public Records Act, N.C.G.S. §§
132-1 to -10 requires the North Carolina Administrative Office of the Courts to issue
a copy of the Automated Criminal/Infraction System to a private party. We hold that
N.C.G.S. § 7A-109(d), addressing “remote electronic access” to court records, is a more
specific statute that overrides applicabili... More...
   $0 (10-25-2015 - NC)

High Point Bank And Trust Company v Highmark Properties, LLC

On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous decision
of the Court of Appeals, ___ N.C. App. ___, 750 S.E.2d 886 (2013), finding no error in
orders entered on 19 September 2011 and 4 October 2011 by Judge Ronald E. Spivey
and a judgment entered on 11 July 2012 by Judge Stuart Albright, in Superior Court,
Guilford County. On 6 March 2014, the Supreme Co... More...
   $0 (10-25-2015 - NC)

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