This is the second appeal involving an alleged agreement by Pat Cunningham to sell Aslam Virani a plot of land in the Marina Del Sol Subdivision. In Virani‘s earlier interlocutory appeal, we affirmed the trial court‘s denial of Virani‘s motion to compel Cunningham to arbitrate under a settlement agreement between the Marina Del Sol Subdivision Homeowners‘ Association (―the Association‖... More...   $0 (02-02-2012 - TX)

A corporation and one of its shareholders filed a claim against another shareholder alleging that the other shareholder breached a settlement agreement. The claimants alleged that the other shareholder breached the agreement by filing a motion for turnover order, seeking to enforce a judgment. The trial court granted a no-evidence summary judgment and dismissed this claim. The claimants now challe... More...   $0 (02-02-2012 - TX)

Appellant, Michael Johnson, appeals from the trial court’s granting summary judgment on his claims against Lisa Coppel, independent administrator of the estate of Joan Counts. In five issues, Michael claims the trial court erred by granting Lisa’s hybrid motion for summary judgment based on Michael’s (1) lack of standing; (2) suit to quiet title; (3) suit to set aside the 1997 deed of trust... More...   $0 (02-02-2012 - TX)

This appeal arises from a proceeding ancillary to the dissolution action of the marriage between William R. Riveiro and Kirsten L. Riveiro. Mrs. Riveiro appeals the trial court's order finding that the two law firms she hired, appellees J. Cheney Mason, P.A., and Rose M. Marsh, P.A. (hereinafter Mr. Mason and Ms. Marsh), were entitled to a charging lien of $76,357.61 plus prejudgment interest. The... More...   $0 (02-01-2012 - FL)

Mark J. McBurney and Roger W. Hurlbert (collectively "Appellants") appeal the district court’s award of summary judgment to the Deputy Commissioner and Director of the Division of Child Support Enforcement for the Commonwealth of Virginia and the Director of the Real Estate Assessment Division of Henrico County, Virginia (collectively "Appellees"). The district court held that Virginia’s Freed... More...   $0 (02-01-2012 - VA)

John F. Hausam aued John A. Rupe and Spirits on Ribershide, LLC on breach of contract, negligence, gross negligence, breach of implied covent of good faith and fair dealing, unjust enrichment, conversion, fraud and constructive fraud theories and seeking for foreclose on a lien on real property.... More...   $60000 (01-31-2012 - OK)

Doyle Gene Bruesch sued James Bruesch on a personal tort theory seeking relief from a 2008 transfer of title for real property from Plaintiff to defendant that Plaintiff believed was done to take advantage of him. Plaintiff relied on Title 15 O.S. Section 23 for relief. Plaintiff claimed to be 77-years-old and to have sustained a head injury when he was a child and lacked the capacity to underst... More...   $1 (01-31-2012 - OK)

Plaintiff Commonwealth Property Advocates, LLC, acquired title to three pieces of real property in Utah from three defaulting borrowers. Plaintiff then filed three suits in diversity against various Defendants which held interests in the property, seeking to prevent foreclosure. Plaintiff argued Defendants had no authority to foreclose because the notes in each case had been securitized and sold o... More...   $0 (01-31-2012 - UT)

In probate court, nothing speaks more eloquently or provides more insight into factual and legal issues than an accounting.

Here the probate court lacked sufficient information to rule on three consolidated cases involving a trust. It determined that an accounting could well serve that purpose. We conclude the probate court's general power to supervise administration of trusts permits it to... More...   $0 (01-26-2012 - CA)

This is a pro se appeal from a summary judgment ordering the partition of real property. Appellants Pablo Berlanga and his wife Phyllis Berlanga sued Florinda Berlanga for partition of a jointly owned residence in Montgomery County, Texas. Florinda filed an answer. Eleven months later, appellants filed a “notice of appearanceâ€� informing the trial court that they would be “proceeding pro se,â... More...   $0 (01-26-2012 - TX)

Aston Meadows, Ltd., Montclaire Custom Homes, L.P., Peter Paulsen, Steve Paulsen, Mike Wells, Kathryn LeBlanc, Donald LeBlanc, Natalie J. Warnick, James S. Warnick, and Kathy Ivey (collectively, appellants) appeal from a summary judgment in favor of appellees Devon Energy Production Company, L.P. and Devon Energy Corporation. Appellants bring seven issues challenging the propriety of the summary ... More...   $0 (01-26-2012 - Tx)

2 Plaintiff, decedent's personal representative, appeals from a general
3 judgment of dismissal in this personal injury action against a public body, Tri-County
4 Metropolitan Transportation District of Oregon (TriMet). Plaintiff assigns error to the
5 trial court's allowance of TriMet's motion to dismiss on statute of limitations grounds,
6 based on the two-year limitation period ... More...   $0 (01-25-2012 - OR)

In this divorce appeal, Anthony Michael Sfreddo (husband) argues the trial court erred in (1) classifying his interest in a family-owned company as marital; (2) awarding Vanessa Sfreddo (wife) an inappropriately large share of the value of that company; (3) valuing a second company partially owned by husband; and (4) failing to consider interest wife could earn from the monetary award when determi... More...   $0 (01-24-2012 - VA)

[¶1] This appeal primarily concerns whether a Settlement Agreement,1 which contains an arbitration clause, gave the arbitrator the authority to determine whether the Agreement was valid and enforceable. We conclude that it did and affirm the judgment of the Superior Court.

[¶2] Carrie B. Anderson, Deborah Collins, Liela Johnson, and Rebecca York (collectively, the sisters) appeal, and Con... More...   $0 (01-24-2012 - ME)

Six individuals and the Magothy River Association, Inc. (collectively, “Associationâ€� or “Appelleesâ€�) brought suit against the recent purchasers of Dobbins Island, David and Diana Clickner (“Clicknersâ€� or “Appellantsâ€�), seeking to establish a public right to use a beach located alongside the island’s northern crescent area. Following a bench trial on the merits, the trial judge de... More...   $0 (01-20-2012 - MD)

Donna K. Baldwin filed an action in Hillsborough County against Pinellas County (the County) for the inverse condemnation of her land located wholly within Hillsborough County. The County moved to dismiss the action for improper venue, claiming its home venue privilege. The circuit court denied the motion, and the County appeals.1 Because Ms. Baldwin's complaint for inverse condemnation invoked th... More...   $0 (01-20-2012 - FL)

In this property action, defendant Res-Care Premier, Inc. appeals as of right from the trial court’s grant of summary disposition to plaintiffs, Scott and Jeanne Woodbury, and Center Woods, Inc., concluding that Center Woods has the right of first refusal to purchase the property known as 2 Center Woods, and that defendant Ruth Averill failed to provide sufficient notice to Center Woods, as cert... More...   $0 (01-19-2012 - MI)

Appellant, Charles Thielemann, challenges the county court at law’s order dismissing, for want of jurisdiction, his defamation claim[1] against appellee, Alan Kethan, and awarding Kethan sanctions.[2] In three issues, Thielemann contends that the county court at law erred in granting Kethan’s motion to dismiss and assessing sanctions, denying Thielemann’s motion requesting that the county c... More...   $0 (01-19-2012 - TX)

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)

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)

C-H Building Associates, LLC (“C-Hâ€�), appeals the Circuit Court of Clay County‟s (“trial courtâ€�) entry of summary judgment in favor of Joe and Mary Jane Duffey (“the Duffeysâ€�). On appeal, C-H claims that the grant of summary judgment was in error because the trial court incorrectly interpreted this court‟s previous opinion as holding that C-H could not prove that the Duffeys had br... More...   $0 (01-17-2012 - MO)

Appellant Larry H. Hausler, a resident of Texas, appeals the district court’s dismissal of his breach of contract claim in a diversity action against Appellee H. Max Felton, a resident of Oklahoma, which the district court dismissed based on the doctrine of claim preclusion. We exercise jurisdiction under 28 U.S.C. § 1291 and affirm the district court’s dismissal of Mr. Hausler’s complaint.... More...   $0 (01-17-2012 - OK)

[¶1.] This dispute is the latest in a continuing struggle between two factions in a Hutterite colony. Mirroring the larger North American schism between Group 1 and Group 2 in the Schmiedeleut Hutterian Church, the factions here cannot agree on which Group to join. One faction purported to excommunicate members of the other, and eventually the other faction sought court dissolution of the corpora... More...   $0 (01-15-2012 - SD)

In this action, the trial court granted summary judgment against a locality, holding it liable to landowners under the State Water Control Law, Code §§ 62.1-44.2 through -44.34:28 (the Water Control Law), in particular Code § 62.1-44.34:18(C) of the "Discharge of Oil Into Waters" Law, Code §§ 62.1-44.34:14 through -44.34:23 (the Oil Discharge Law), for the contamination of groundwater by leac... More...   $0 (01-13-2012 - VA)

{¶ 1} Defendant-appellant, Richard A. Yeckley, appeals from a common pleas court order granting a motion to vacate the default judgment entered against defendant-appellee, KeyBank National Association. For the reasons that follow, we dismiss this appeal for lack of a final appealable order.

{¶ 2} Appellee Thomas D. Yeckley originally filed a complaint for partition in January 2007 and a s... More...   $0 (01-12-2012 - OH)