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Real Property Law
 
Subodh Sonwalker, M.D. v. St. Luke's Sugar Land Partnership, LLC

Appellants Subodh Sonwalkar, M.D. and Wolley Oladut, M.D. held partnership units in appellee St. Luke’s Sugar Land Partnership, L.L.P (“the Partnership”). They applied for a temporary injunction to enjoin the Partnership and its managing partner, appellee St. Luke’s Community Development Corporation—Sugar Land (the “Managing Partner”) from terminating their partnership interests and ... More...   $0 (08-18-2012 - TX)

Peter Fazio v. Cypress/GA Houston I, L.P>

Appellees, Cypress/GR Houston I, L.P., Cypress/GR Houston, Inc., and Cypress Equities, Inc. (collectively, “Cypress”),1 moved for rehearing of our January 19, 2012 opinion. We grant the motion for rehearing, withdraw our January 19, 2012 opinion and judgment, and issue this opinion and judgment in their stead. Our disposition remains the same. We dismiss Cypress’s February 24, 2012 motion fo... More...   $0 (08-18-2012 - TX)

Mark Evenson v. Tim Lilley

On review of an opinion by the Court of Appeals, Mark and Janis Evenson challenge the calculation of damages, primarily to trees, resulting from a fire on their rural property. Although we disagree with the analysis employed by the district court and by the Court of Appeals, we agree with their ultimate conclusions and affirm. The Evensons purchased 160 acres of rural property in Greenwood County ... More...   $0 (08-17-2012 - kS)

Teri Jo Wilcock Hull v. Tamara L. Wilcock

¶1 Teri Jo Wilcock Hull (TJ) appeals the trial court’s ruling that her brother Todd J. Wilcock (Todd) is not required to reimburse $50,000 in life insurance proceeds and $250,000 in investment losses to the Wilcock Family Trust (the Trust). In particular, TJ challenges the trial court’s denial of her motion for a new trial based on newly discovered evidence and the trial court’s failure to ... More...   $0 (08-16-2012 - UT)

Juan Hernandez v. Yolanda Hernandez

Appellant, Juan Hernandez (“Juan”), appeals from the trial court’s “Order of Enforcement by Contempt (Property Division), Order Dividing Property, and Order Determining Interest Rate” (“Contempt Order”) in favor of appellee, Yolanda Hernandez (“Yolanda”). We affirm.

I. BACKGROUND

A final decree of divorce was entered by the trial court on October 8, 2008, and Juan a... More...
   $0 (08-16-2012 - TX)

Bradford M. Condit v. Jim Kaelin

Appellant, Bradford M. Condit, appeals from the trial court’s take nothing judgment in favor of appellee, Jim Kaelin, the Nueces County Sheriff.1 By six issues, Condit2 contends the trial court erred by finding: (1) that he did not incur any damages; (2) that he did not identify property subject to execution; (3) that the property he requested to be seized was exempt from execution; (4) that Dep... More...   $0 (08-16-2012 - TX)

Todd C. Brennan v. City of Willow Park Texas

On June 21, 2012, this court issued an opinion reversing the trial court’s judgment and remanding Appellants’ claims for declaratory judgment, for injunctive relief, and for a writ of mandamus asserted against all Appellees, to the trial court for further proceedings. Appellee City of Aledo filed a motion for rehearing and motion for en banc reconsideration. After due consideration, we deny ... More...   $0 (08-16-2012 - TX)

The City of Houston v. Brett Hatton

This lawsuit against the City arises out of a car accident involving a police patrol car that was en route in response to an officer’s call for assistance. Hatton sued under the Texas Tort Claims Act, claiming that the Act’s waiver of immunity applied and that the City was liable for damages. See TEX. CIV. PRAC. & REM. CODE ANN. § 101.055(1) (West 2011). The City filed a plea to the jurisdict... More...   $0 (08-16-2012 - TX)

Control Solutions, Inc. v. Gharda USA, Inc.

Appellants, Control Solutions, Inc., United Phosphorous, Inc. (“UPI”), and Mark Boyd (collectively, “CSI”),1 appeal from the trial court’s judgment notwithstanding the verdict (“JNOV”) that they take nothing by their claims against appellees, Gharda Chemicals, Ltd. (“Gharda”) and Gharda USA, Inc. (“GUSA”). In four issues, CSI argues that the trial court erred in (1) granting ... More...   $0 (08-16-2012 - TX)

State of Oklahoma v. Tyler Reed Cruce

The State of Oklahoma charged Tyler Reed Cruce with possession of a controlled drug within 1000 feet of a park 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 a... More...
   $0 (08-13-2012 - OK)

Stephanie Reynolds v. James H. Woodall

¶1 Stephanie Reynolds appeals from the trial court’s dismissal of her complaints against James H. Woodall, Citibank Federal Savings Bank (Citibank), and U.S. Bank, N.A. (U.S. Bank). She also appeals the trial court’s summary judgment in favor of the Corlene Kemker Trust (the Kemker Trust). We affirm.

¶2 In October, 2004, Reynolds purchased real property located in Sandy, Utah (the P... More...
   $0 (08-13-2012 - UT)

James W. Trenz v. Peter Paul Petroleum Company

James W. Trenz and Terrane Associates, Inc. (collectively, Trenz) appeal from the trial court’s denial of a special appearance in this declaratory judgment action brought by Peter Paul Petroleum Company and Posse Energy, Ltd.
(collectively, Peter Paul) to resolve disputes over the calculation and payment of a reversionary interest in an Oklahoma oil and gas lease. Trenz argues that the trial... More...
   $0 (08-11-2012 - TX)

Susan DeBoer v. Senior Bridges of Sparks Family Hospital, Inc. d/b/a Northern Nevada Medical Center

In this appeal, we examine the duty of care owed by a medical facility when performing nonmedical functions. While we have embraced the duty owed by a medical facility towards its patients with respect to medical treatment, see Wickliffe v. Sunrise Hospital, 101 Nev. 542, 548, 706 P.2d 1383, 1388 (1985) (holding “that a hospital is required to employ that degree of skill and care expected of a ... More...   $0 (08-09-2012 - NV)

F. Kim Bailey v. Kerry Bailey

This appeal arises out of a dispute regarding the requirements for determining whether a claimed amount of attorney fees is reasonable. After extended litigation to settle his parents’ estate, Kim Bailey (Bailey), the estate’s personal representative, asked the magistrate court for an award of attorney fees from estate funds, pursuant to Idaho Code § 15-3-720. The magistrate court found that ... More...   $0 (08-09-2012 - ID)

Krystal M. Kingorn v. Kelly N. Clay

Krystal Kinghorn (Kinghorn) and Kelly Clay (Clay) agreed that Clay would co-sign for a loan for Kinghorn’s benefit. In order to protect Clay in the event that Kinghorn defaulted on the loan, Kinghorn agreed to execute a quitclaim deed to real property that Clay could record if Kinghorn defaulted. When Kinghorn defaulted, Clay recorded the deed and conveyed the property to BRP Incorporated (BRP).... More...   $0 (08-09-2012 - ID)

Idaho Department of Health & Welfare v. Barbara K. McCormick

This appeal arises from a claim filed by the Idaho Department of Health and Welfare (the Department) in the probate proceeding of George D. Perry, the deceased spouse of a Medicaid recipient, Martha J. Perry. The Department sought to recover funds under I.C. § 56-218 from the sale of the couple’s home—their only significant asset—to recoup Medicaid benefits paid to Martha during her lifetim... More...   $0 (08-09-2012 - ID)

Krystal M. Kinghorn v. Kelly N. Clay

Krystal Kinghorn (Kinghorn) and Kelly Clay (Clay) agreed that Clay would co-sign for a loan for Kinghorn’s benefit. In order to protect Clay in the event that Kinghorn defaulted on the loan, Kinghorn agreed to execute a quitclaim deed to real property that Clay could record if King defaulted. When Kinghorn defaulted, Clay recorded the deed and conveyed the property to BRP Incorporated (BRP). Kin... More...   $0 (08-09-2012 - ID)

Idaho Department of Health & Welfare v. Barbara K. McCormick

This appeal arises from a claim filed by the Idaho Department of Health and Welfare (the Department) in the probate proceeding of George D. Perry, the deceased spouse of a Medicaid recipient, Martha J. Perry. The Department sought to recover funds under I.C. § 56-218 from the sale of the couple’s home—their only significant asset—to recoup Medicaid benefits paid to Martha during her lifetim... More...   $0 (08-09-2012 - ID)

Jason Sparks v. Benny L. Cunningham

This is an appeal from a summary judgment entered in a declaratory judgment action involving the ownership of a tract of real property. We affirm.

Background Facts

Appellant, Jason Sparkman, is a surviving son of Marvin Glenn Sparkman. Marvin died intestate on December 14, 2006, leaving his children Jason, Lisa Sparkman, and Kevin Sparkman as his survivors. Additional... More...
   $0 (08-09-2012 - TX)

Dwayne K. Moore v. Michael J. Astrue

Dwayne K. Moore appeals the district court’s order affirming the Commissioner’s denial of his application for Social Security disability benefits. Exercising jurisdiction under 42 U.S.C. § 405(g) and 28 U.S.C. § 1291, we apply the firm waiver rule and dismiss the appeal.

Moore filed this action in district court to appeal the Commissioner’s decision denying him disability benefits... More...
   $0 (08-09-2012 - OK)

Jerry Ulmer d/b/a Longhorn Construction v. Sam Moore

Appellant, Jerry Ulmer d/b/a Longhorn Construction and Maintenance, appeals from entry of summary judgment in favor of Appellees, Sam Moore and Sharie Moore, in Ulmer’s action for breach of a construction contract. In support, Ulmer asserts:

the Prompt Payment for Contractors and Subcontractors Act permitted Ulmer to charge the Moores 18% interest on amounts past due under the constructio... More...
   $0 (08-08-2012 - TX)

Richard S. Daniels v. The Elks Club of Hartford

¶ 1. Plaintiff Richard Daniels is seeking foreclosure of a mortgage on two parcels of real property owned by defendant Elks Club of Hartford, Vermont (the Club). Defendant creditors, who include the Vermont Human Rights Commission (VHRC), four individual women, and the Watts Law Firm (Watts), all have junior security interests in the property at issue and oppose foreclosure. Credito... More...   $0 (08-03-2012 - VT)

Mont Belview Carverns, LLC v. Texas Commission on Environmental Quality

Mont Belvieu Caverns, LLC, appeals a final summary judgment that it take nothing in a suit for judicial review of a Texas Commission on Environmental Quality (TCEQ) order determining that a new brine-pond system Mont Belvieu had installed at one of its facilities did not qualify for the "pollution control property" tax exemption. See Tex. Tax Code Ann. § 11.31 (West Supp. 2011). (1) Mont Belvieu ... More...   $0 (08-03-2012 - TX)

Max Edmond Glenn v. Claude A. Lucas

This case is an appeal of a suit brought by Claude A. Lucas and wife, Bonnie Lucas, involving the title to the surface and some appurtenant mineral rights to a called 63.6-acre tract of land in Shelby County, Texas.1 In a suit in trespass to try title against multiple defendants, the Lucases were granted judgment. Max Edmon Glenn and others have appealed, complaining of nondeterminative issues. In... More...   $0 (08-01-2012 - TX)

Evelyn O. Mueller v. Juliann H. Mueller

¶ 1. DOOLEY, J. This case derives from a separation agreement made thirty-seven years ago between a now-deceased husband and plaintiff, his first wife. Plaintiff contends that her ex-husband promised to devise to her certain assets upon his death, and she brings various claims for equitable relief against defendant, her ex-husband’s second wife, who survived him. The superior co... More...   $0 (07-27-2012 - VT)

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