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Real Property Law
 
Bob McGinnis v. Chris Barrett

Bob McGinnis and Christine McGinnis sued Chris Barrett and Melissa Barrett claiming:

1. Plaintiffs are residents of Cleveland County, State of Oklahoma. Plaintiffs own in fee simple certain real property described as follows: 8/2 of the SW/4 of the NW/4 of Sec. 1OT 9North-RlEast.

2. Defendants are residents of Cleveland County, State of Oklahoma.
Trespass

3. Defendan... More...
   $0 (01-31-2013 - OK)

CSL Property Management Co. and Greatland Investments, Inc. v. Thyssenkrupp Elevator Company

This is a dispute between an elevator contractor and the manager and owner of a building over the work performed and payments owed under the parties’ contracts. CSL Property Management Co. and Greatland Investments, Inc. appeal from the trial court’s summary judgment in favor of ThyssenKrupp Elevator Company. We affirm the trial court’s judgment.

Background

Greatland owns t... More...
   $0 (01-31-2013 - TX)

Okon Eyo Onyung, M.D. v. Comfort Nkasi Onyung

Appellants Okon Eyong Onyung, M.D., The Law Offices of Yuen & Associates, P.C., The Law Offices of Yuen & Associates, PLLC, and Xenos Yuen appeal from a final judgment entered on two cases that were consolidated for a trial by jury. In one of the cases, Dr. Onyung sued appellees Comfort Nkasi Onyung (Dr. Onyung’s wife, hereinafter referenced as Mrs. Onyung), Christine Enebong Onyung (the Onyungs... More...   $0 (01-31-2013 - TX)

Bethel World Outreach v. Montgomery County Council

Bethel World Outreach Ministries brought this action asserting that Montgomery County’s zoning regulations, which prevented Bethel from constructing a church, violated the Religious Land Use and Institutionalized Persons Act ("RLUIPA"), the United States Constitution, and the Maryland Declaration of Rights. The district court granted summary judgment to the County on all claims. For the reasons ... More...   $0 (01-31-2013 - MD)

Daniel G. Uhl v. Stanley W. Krupsky

The issue in this case is whether the requirements of ORS 105.620—in particular, the requirement of ORS 105.620(1)(b) that a party claiming adverse possession of real property must have an “honest belief” that the claimant is the true owner—apply to a claim by an owner of fee simple title for the extinguishment of an easement. Because the trial court correctly concluded that ORS 105.620 do... More...   $0 (01-30-2013 - OR)

Richard Turkanis v. Joan M. Price

This is the third appeal we consider in this marital dissolution action between Richard Turkanis and Joan M. Price. In the first appeal, we considered the trial court‟s order after the first of two phases of trial. The purpose of this first phase of trial was to set the value at the date of marriage of a closely held corporation (Radman) formed by Turkanis prior to marriage (the valuation trial)... More...   $0 (01-30-2013 - CA)

Allen F. Glazer v. Gordon A. Jones

A builder sued a homebuyer in a Utah state district court for failing to pay some charges for his home’s construction; the homebuyer counterclaimed, alleging that the construction was defective. Shortly before the Utah state court rendered a judgment, the homebuyer sued the builder in an Idaho state district court, seeking to void the builder’s allegedly fraudulent transfer of a ranch and appu... More...   $0 (01-29-2013 - ID)

Natalia Karnatcheva v. JP Morgan Chase Bank

Mortgagors filed suit in Minnesota state court against Fannie Mae; MERSCORP, Inc., and its subsidiary, Mortgage Electronic Registration Systems, Inc.; two financial institutions; and one non-diverse party (a law firm), alleging numerous deficiencies in the assignment of their mortgages and in their foreclosures. Asserting that the plaintiffs had fraudulently joined the law firm, the defendants rem... More...   $0 (01-28-2013 - MN)

Mouris Ahdout v. Majid Hekmatjah

Appellant Mouris Ahdout appeals from a judgment entered following the superior court‘s denial of his petition to vacate an arbitration award and its grant of a petition to confirm the award filed by respondents Majid Hekmatjah aka Michael Braum (Braum), Hekmatjah Family Limited Partnership (Hekmatjah), and Braum Investment & Development, Inc. (BIDI). Ahdout and respondent Hekmatjah were the sole... More...   $0 (01-26-2013 - CA)

Atrium Medical Center, L.P. v. Lange Mechanical Services, L.P.

In this restricted appeal, appellant, Atrium Medical Center, L.P. (“Atrium”), seeks reversal of a default judgment in favor of appellee, Lange Mechanical Services, L.P. (“Lange”). In two issues, Atrium contends (1) the trial court erred by rendering a default judgment because Atrium was not properly served with process, and (2) alternatively, the evidence is legally and factually insuffici... More...   $0 (01-26-2013 - TX)

Gerald Byron Barras v. Leslea Loring Barras

Appellant Gerald Byron Barras appeals from a final decree of divorce ordering him to pay appellee Leslea Loring Barras $125,000, to be represented by a promissory note and secured by a deed of trust against Gerald’s separate property, and ordering his separate estate to reimburse the community estate for $154,073 as part of the property division. On appeal, Gerald argues that (1) the trial court... More...   $0 (01-26-2013 - TX)

Southwestern Bell Telephone, L.P. v. Richard D. Chappell

In three issues, appellant Southwestern Bell Telephone, L.P. (Southwestern Bell) appeals the trial court’s take-nothing judgment in favor of appellee Richard D. Chappell. We reverse and render in part and reverse and remand in part.

Background Facts

Southwestern Bell employed Chappell as a sales representative. Chappell worked within the company’s win-back group, whi... More...
   $0 (01-26-2013 - tx)

Glenn A. Wade v. XTO Energy, Inc.

In this breach of contract case, appellants Glenn A. Wade and Karen Wade argue that the trial court erred by granting judgment notwithstanding the verdict (JNOV) after the jury returned a verdict for the Wades, finding that they had entered into a mineral lease with appellee XTO Energy Inc. and that XTO had breached the lease. We will affirm.

II. Factual and Procedural Background

X... More...
   $0 (01-26-2013 - TX)

Insight, LLC v. Patrick Gunter

This is an appeal from a district court trial regarding a dispute over two liens on real property: a deed of trust and a mortgage. Appellants (“Insight”) are assignees of a mortgage secured by 160 acres of real property owned by Summitt, Inc. (“Summitt”), which includes an 18-acre parcel of land that Summitt purchased from the Respondents (“the Gunters”). The Gunters hold a deed of tru... More...   $0 (01-24-2013 - ID)

Insight, LLC v. Patrick Gunter

This is an appeal from a district court trial regarding a dispute over two liens on real property: a deed of trust and a mortgage. Appellants (“Insight”) are assignees of a mortgage secured by 160 acres of real property owned by Summitt, Inc. (“Summitt”), which includes an 18-acre parcel of land that Summitt purchased from the Respondents (“the Gunters”). The Gunters hold a deed of tr... More...   $0 (01-24-2013 - ID)

Justin S. Reynolds v. Trout Jones Gledhill Fuhrman, P.A.

Justin S. Reynolds, Kristine Reynolds, and their construction company, Sunrise Development, LLC (collectively, Reynolds) brought a malpractice action against their law firm, Trout Jones Gledhill Fuhrman, P.A., and its attorney-employee, David T. Krueck (collectively, Trout Jones). Reynolds alleged professional negligence in both the drafting of a real estate agreement between Reynolds and Quasar D... More...   $0 (01-23-2013 - ID)

Aventura Management, LLC v. Spiaggia Ocean Condominium Association, Inc.

Aventura Management, LLC (Appellant) seeks review of a final order granting summary judgment to Spiaggia Ocean Condominium Association, Inc. (Appellee). We reverse.

In July 2008, Appellee initiated lien foreclosure proceedings against the owner of unit #402 (the Unit) in the Spiaggia Ocean Condominium located at 9499 Collins Avenue in Surfside. In July of 2009, Appellee obtained a default f... More...
   $0 (01-23-2013 - FL)

State of Oklahoma v. Marcus Lamot Temple

State of Oklahoma charge Marcus Lamot Temple with unlawful possession of controlled drug with intent to distribute in violation of 63 O.S. 2-401 which provides:



A. Except as authorized by the Uniform Controlled Dangerous Substances Act, it shall be unlawful for any person:

1. To distribute, dispense, transport with intent to distribute or dispense, possess with intent t... More...
   $0 (01-22-2013 - OK)

Rebecca A. Rickley v. Marvin Goodfriend

In this dispute between next-door neighbors, plaintiffs prevailed in a prior action, establishing that their neighbor had unlawfully dumped contaminated debris on their property. Judgment was entered for plaintiffs. The judgment required the neighbor to remove the debris pursuant to a court-approved remediation plan. The funds for the remediation plan were placed in the trust account of the neighb... More...   $0 (01-20-2013 - CA)

Victor J. Shattuck v. Donna Mae Peck

¶ 1. BURGESS, J. Defendant Donna Mae Peck appeals from a superior court judgment granting plaintiff Victor J. Shattuck a writ of possession for the parties’ former residence in Cavendish and denying defendant’s counterclaim for an equitable interest in the Cavendish property and another former residence in Springfield. We affirm.

¶ 2. The facts as found by ... More...
   $0 (01-20-2013 - VT)

City of Harrisburg v. Ellen Leigh

Defendant appeals a general judgment that condemns real property that she owns, vests title to that property with the City of Harrisburg, and awards her compensation for the taking, and from a supplemental judgment that allows an award of part of her attorney fees and costs. Defendant contends that the trial court erred in awarding just compensation for only the fair market value of the land that ... More...   $0 (01-16-2013 - OR)

In re the Marriage of Howard L. Hibbard and Lydia H. Hibbard

Howard L. Hibbard (Howard) appeals from an order denying a modification of his obligation to pay his former wife, Lydia H. Hibbard (Lydia), spousal support of $2,000 per month. When the parties, who are both lawyers, divorced, their written agreement required Howard to pay to Lydia spousal support in an amount of $4,000 per month, and it allowed for a downward modification under certain limited ci... More...   $0 (01-15-2013 - CA)

Neil Grossman v. Park Fort Washington Association

This appeal involves a dispute between a homeowners association and property owners who built a cabana and fireplace in their backyard without obtaining prior approval from the homeowners association. The homeowners association contends the applicable governing documents prohibited the cabana and fireplace. Thus, the homeowners association concludes it properly denied the owners‟ request for a v... More...   $0 (01-15-2013 - CA)

Rami Zvida v. Sigalit Zvida

The husband appeals a final judgment of dissolution of marriage. He raises four issues on appeal for our consideration: 1) whether the trial court erred in ordering him to maintain life insurance to secure alimony a n d child support; 2) whether the trial court erred in including diminished or depleted assets as part of the equitable distribution scheme; 3) whether the trial court erred in failing... More...   $0 (01-15-2013 - FL)

Curtis L. Delancey v. Marian D. Delancey

Marian Delancey and Curtis Delancey filed a petition and counter-petition for divorce. After a bench trial, the court granted the divorce and divided the parties' property. In a previous appeal, Curtis (1) complained of various aspects of the divorce decree. This Court reversed the portion of the decree dividing the community estate and remanded the cause for a new property division. See Delancey... More...   $0 (01-13-2013 - TX)

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