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Real Property Law
 
State of Oklahoma v. James Adam Flynn

The State of Oklahoma charged James Adam Flynn with unlawful possession of controlled drug in violation of 63 O.S. 2-402 which provides:


A. 1. It shall be unlawful for any person knowingly or intentionally to possess a controlled dangerous substance unless such substance was obtained directly, or pursuant to a valid prescription or order from a practitioner, while acting in the course... More...
   $0 (11-26-2012 - OK)

Bright Construction Corporation v. Michael Walz

Bright Construction Corporation sued Michael Walz in an indebtedness theory. Plaintiff alleged the following:

1. Plaintiff is a corporation organized and existing under the laws of the StateS of Oklahoma with its principal place of business in Tulsa County. Defendant is a resident of Tulsa County.

2. Pursuant to agreement between Plaintiff and Defendant, Plaintiff provided labor and... More...
   $1 (11-26-2012 - OK)

Courtland Building Company, Inc. v. Jalal Family Partnership, Ltd.

Courtland Building Company, Inc. brings this interlocutory appeal challenging the trial court’s denial of its motion to compel arbitration and to stay further judicial proceedings. Because the claims for which Courtland seeks to compel arbitration are within the scope of a valid arbitration agreement, and because the respondents failed to establish that Courtland waived its right to enforce the ... More...   $0 (11-24-2012 - TX)

National City Bank of Indiana and Home Loan Services, Inc. v. Albert Ortiz

In this opinion, we address cross-appeals and a mandamus petition arising out of the foreclosure of a residential property. The borrower, Albert Ortiz, sued the bank and its mortgage servicer for a variety of claims including wrongful foreclosure, breach of contract, negligence, trespass to real property, trespass to personalty, and conversion. The bank counterclaimed to recover on the note and to... More...   $0 (11-24-2012 - TX)

Rolly Redland v. Robert Redland

[¶1] These consolidated appeals stem from the Redland family’s dispute over ranch property and operations. Appeals numbered S-12-0010 and S-12-0012 relate to real property that some of the Redland children claim their father, Robert Redland, agreed to place in a family trust. The district court granted Robert Redland partial summary judgment, holding that the claims were barred by the statute o... More...   $0 (11-21-2012 - WY)

Tamara Swan v. Matthias Trost

Tamara Swan is the niece and guardian of the ward, Erich Trost. She is also the trustee of the Erich Trost Trust. Ms. Swan seeks certiorari review of the trial court's nonfinal order compelling production of corporate, Trust, and financial documents to Matthias Trost, the ward's estranged son. We have jurisdiction. See Fla. R. App. P. 9.030(b)(2)(A). We grant the petition for writ of certiorari an... More...   $0 (11-12-2012 - FL)

City of Tulsa v. Howard Alexander, Trustee of the Howard Alexander Revocable Trust

The City of Tulsa sued Howard Alexander, Trustee of the Howard Alexander Revocable Trust on an eminent domain theory seeking to acquire certain rights, title and interests in real property by condemnation owned by Defendant for public use.

The Court appointed Sheila Brunton, Jim Clark and George O'Connor to service as commissioners to appraise Defendant's property and report to the Court... More...
   $50000 (11-10-2012 - OK)

Hanford-Southport, L.L.C. v. City of San Antonio

This is an appeal from a final judgment in a statutory condemnation case. See TEX. PROP. CODE ANN. § 21.011-.025 (West 2004 & Supp. 2012). In this appeal, appellant Hanford-Southport, LLC (“Hanford-Southport”) does not challenge the condemnation; rather, Hanford-Southport challenges the amount of the condemnation award. We affirm the trial court’s judgment.

BACKGROUND

The City... More...
   $0 (11-09-2012 - TX)

Highway 46 Holdings, LLC v. Michael Myers

Highway 46 Holdings, LLC ("Highway 46"), appeals from the trial court's non-final order refusing to dissolve a temporary injunction entered in an action filed by Highway 46 against two of its members, Michael and Jacqueline Myers ("the Myerses"). The Myerses filed a counterclaim to the action below and cross-appeal from the same order.1 Highway 46 and the Myerses challenge the validity of the inju... More...   $0 (11-05-2012 - FL)

Aneita J. Weaver v. John Jamar

This is a contract dispute between appellant Aneita J. Weaver and her nephew, appellee John Jamar. It arises from a loan Weaver made to Jamar enabling him to purchase a townhouse, which he was to renovate and ultimately resell for profit. Following a bench trial, the trial court awarded title of the property and attorney’s fees to Weaver while awarding construction expenses to Jamar—all at fiv... More...   $0 (11-03-2012 - TX)

Pioner Builders Company of Nevada, Inc. v. KDA Corporation

¶1 This case requires us to consider what constitutes constructive notice of unrecorded interests in real property under section 57-3-103 of the Utah Code (Recording Statute). Pioneer Builders (Pioneer) financed the purchase of an RV park (Property). At that time, the Property was subject to several existing recorded leases. But the Property was also subject to several unrecorded leases. When Pio... More...   $0 (11-02-2012 - UT)

Tuolumne Jobs & Small Business Alliance v. Wal-Mart Stores, Inc.

It is settled that when a development project is approved by means of a ballot initiative placed on the ballot by voters and adopted by them in an election, the project is exempt from environmental review under the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (CEQA). (See CEQA Guidelines, § 15378 (b)1.) In this case, real parties in interest Wal-Mart Stores, Inc., ... More...   $0 (10-30-2012 - CA)

Bellevue Pacific Center Limited Partnership v. Bellevue Pacific Tower Condominium Owners

At issue in this case is the right to control nine parking spaces

located in the courtyard at the main entrance of the Bellevue Pacific Tower

Condominium. The trial court properly granted partial summary judgment to

Bellevue Pacific Center Limited Partnership (LP), dismissing with prejudice the

counterclaims of the Bellevue Pacific Tower Condominium Owners A... More...
   $0 (10-29-2012 - WA)

Tom and Marie McKenna v. J. Daniel Caldwell

Tom and Marie McKenna (McKenna) appeal the summary judgment entered in favor of J. Daniel Caldwell (Caldwell) in a dispute over an express easement. McKenna argues that the trial court erred when it granted summary judgment because the issue of whether the terms of the easement prohibit a gate or a cattle guard is a question of fact that cannot be resolved by summary judgment. Alternatively, McK... More...   $0 (10-26-2012 - TX)

Gary Dakil d/b/a 3 N 1 Water Solutions v. Leland Lege

Gary Dakil d/b/a 3 N 1 Water Solutions appeals a money judgment of $8,680 for breach of an oral contract to pay Leland Lege for certain construction work already performed. For the reasons that follow, we affirm.

FACTUAL SUMMARY

Lege filed suit on an oral debt in Hood County, Texas alleging that Dakil “hired [Lege] (doing business as 2-L Contractors) to perform dirt work on real ... More...
   $0 (10-26-2012 - TX)

Jerry Vernon v. William Perrien

On May 5, 1992, Rene Vernon executed a warranty deed transferring title to certain real property to Raymond W. Shaw. The property is described as Tract Three-B-Thirty-Four (3-B-34), W.F. Hagan Survey, No. 146, in El Paso County (the “Property”). On the same date, Ms. Vernon sent a letter to Judy Paul at 333 Holguin in Vinton, Texas, stating:

This letter is to inform you that tha [si... More...
   $0 (10-26-2012 - TX)

Donald R. Rucker v. Earl R. DeLay

This is a quiet title action challenging a claimed interest to oil and gas rights reserved in 1924 when the landowners sold the surface and mineral estate, but kept for themselves and their heirs what was described as a portion of the landowners' one-eighth interest in the oil, gas, or other minerals that might later be developed. The district court and Court of Appeals held that this reservation ... More...   $0 (10-25-2012 - KS)

State of Oklahoma v. Nathan Vincent Cullison, Jr.

The State of Oklahoma charged Nathan Vincent Cullison, Jr. with possession of marijuana in violation 21 O.S. 641 and possession of drug paraphernalia in violation of 63 O.S. 2-405


63 O.S. 2-403 provides:

A. 1. It shall be unlawful for any person knowingly or intentionally to possess a controlled dangerous substance unless such substance was obtained directly, or pursuant to a val... More...
   $0 (10-24-2012 - OK)

State of Oklahoma v. Marletha Lashell Turner

The State of Oklahoma charged Marletha Lashell Turner assault with a dangerous weapon in violation of 21 O.S. 645; falsely peronation of another to create liability in violation of 21 O.S. 1531.4; unlawful possession of controlled drug in violation of 2-402; possession or selling paraphernalia in violation of 63 O.S. 2-405.

Title 21 O.S. 645 provides:

Every person who, with inten... More...
   $0 (10-24-2012 - OK)

State of Oklahoma v. Jaycinto Delmon Huey

The State of Oklahoma charged Jaycinto Delmon Huey with unlawful possession of controlled drug with intent to distribute in violation of 63 O.S. 2-401; Possession of a firearm while in the commission of a felony in violtion of 21 O.S. 1287; possession of controlled drugs without tax stamp affixed in violation of 68 O.S. 450.0; and eluding a police officer in violation of 21 O.S. 540.

Title ... More...
   $0 (10-24-2012 - OK)

Blue Star Palms, LLC v. LED Trust, LLC

The petitioners, Blue Star Palms, LLC, and Blue Star Briar, LLC (together, “Blue Star”), seek a writ of certiorari quashing a circuit court order denying their motion to dissolve a writ of lis pendens. Finding insufficient allegations and evidence of a nexus between (a) the plaintiffs/respondents’ claims against Blue Star and (b) the condominium units owned by Blue Star, we grant the writ an... More...   $0 (10-24-2012 - FL)

State of Oklahoma, ex rel. Oklahoma Bar Association v. Michelle Renee Rowe

¶1 On April 26, 2012, the Oklahoma Bar Association (OBA) filed a formal complaint against Michelle Renee Rowe (Respondent), OBA No. 20106, pursuant to Rule 6 of the Rules Governing Disciplinary Proceedings (RGDP), 5 O.S. 2011, Ch. 1, App. 1-A, setting forth eight (8) counts of professional misconduct in violation of Rules 1.1, 1.3, 1.4, 1.5, 1.15, 1.16(d), 3.4(c), 8.1(b) and 8.4(a)and (c) of the ... More...   $0 (10-23-2012 - OK)

Susan E. Bowman v. Gerard L. Pinster

Gerard Prinster (Husband) appeals the judgment entered by the Circuit Court of St. Louis County dissolving his marriage to Susan Bowman (Wife). Husband claims the trial court erred in: (1) permitting his attorneys to withdraw and denying his motion for a continuance; (2) relying on incompetent testimony and stale appraisals in valuing the parties’ real estate; (3) determining that the home the p... More...   $0 (10-23-2012 - MO)

Joanne Peterson v. Kitsap Comm. Federal Credit Union

Kitsap Community Federal Credit Union (KCU)1 appeals the superior court's

grant of summary judgment to Joanne Peterson on her Washington Consumer Protection Act

(CPA)2 claim in her class action lawsuit for breach of contract, unjust enrichment, and violation of

the CPA. Peterson's CPA claim was based on KCU's having charged her and 428 other plaintiffs

an a... More...
   $0 (10-23-2012 - WA)

Michael K. Suarez v. Grand County, Utah

¶1 This appeal concerns a challenge by a group of citizens (Citizens) to an ordinance passed by the Grand County Council (Council) approving amendments concerning a Planned Unit Development (PUD) district. In the district court, Citizens claimed that the Council had acted administratively in adopting Ordinance 454 and, accordingly, that the matter should be remanded to the Grand County Board of A... More...   $0 (10-23-2012 - UT)

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