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Real Property Law
Maurice C. Hunsaker v. Brown Distributing Company, Ltd.

In this appeal we are asked to construe a deed conveying a mineral interest in property. At issue is whether Appellant Maurice C. Hunsaker conveyed the entire one-quarter mineral interest he owned to Brown Distributing Co., Ltd. (“Brown”), or whether he conveyed one-half of the one-quarter mineral interest owned by him.1 It is undisputed that at the time Hunsaker executed the deed and conveyed... More...   $0 (03-21-2012 - TX)

Michael Hannaford v. David Mann

The plaintiff, Michael Hannaford, acting in his capacity as the administrator for the estate of his aunt, Ruth Goryn, appeals from the judgment of the trial court denying his motion for summary judgment on count one of his complaint against the defendant, David Mann,1 and granting the defendant’s cross motion for summary judgment on count one.2 The plaintiff argues that the court erred by determ... More...   $0 (03-20-2012 - CT)

The City of Oklahoma City v. Wallace Horse Park, Inc.

The City of Oklahoma City sued Wallace Horse Park, Inc. on an eminent domain theory seeking to acquire certain rights, title and interests in real property owned by Defendant for public purposes. Jim Hoyt, Jim Bowers, Sr. and Richard H. Godfrey were appoint by the Court as commissioners to appraise the property being taken and assess the damages, if any, sustained by the remainder. They awarded De... More...   $32500 (03-19-2012 - OK)

Harry Foster, III v. State Farm Fire and Casualty Company

This case presents two issues, both under Indiana law: First, whether the Fosters breached their insurance contract with State Farm by failing to comply with a section titled “Your Duties After Loss” and, second, whether State Farm’s delay in deciding the Fosters’ claim was in bad faith and therefore tortious. The district court granted State Farm’s motion for summary judgment. We affirm... More...   $0 (03-19-2012 - IN)

Patricio D. Sanchez v. Southampton Civil Club, Inc.

This is an appeal over the proper interpretation of deed restrictions. The trial court granted a partial summary judgment for appellee Southampton Civic Club, Inc., and denied appellant Patricio D. Sanchez‘s cross-motion for summary judgment. The trial court also denied Southampton‘s request for damages under section 202.004 of the Texas Property Code though it did order Sanchez to pay Southam... More...   $0 (03-16-2012 - TX)

Jeffrey A. Fox v. James F. O'Leary, Jr.

Jeffrey A. Fox appeals a take-nothing judgment rendered against him in his suit for injunctive relief arising out of his claim that James F. O'Leary, Jr.'s construction of a home on his lot violated deed restrictions governing their subdivision. After a bench trial, the trial court concluded that Fox's claims were barred by the affirmative defense of laches. We will reverse the trial court's judgm... More...   $0 (03-16-2012 - TX)

Stanley Shook v. Terry Walden

The principal issue presented in this appeal concerns the power of courts to disregard the separate existence of a Texas limited liability company (LLC) under the equitable "veil-piercing" principles that have evolved in regard to business corporations. Specifically, we must determine whether, assuming these principles can be applied to LLCs, a claimant seeking to "pierce" an LLC's "veil" with res... More...   $0 (03-16-2012 - TX)

State of Oklahoma v. Manuel Luis Rodriguez

The State of Oklahoma charged Manuel Luis Rodriguez with possession of a controlled dangerous substance in violation of 63 O.S. 2-401 an 63 O.S. 2-420.

Title 63 O.S. 2-410 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, po... More...
   $0 (03-14-2012 - OK)

Highland Property Owners Association, Inc. v. Shumaker Land, LLC

On appeal from the Master-in-Equity (Master), Highlands Property Owners Association, Inc. (the Association) challenges the Master's determination that Respondent Shumaker Land, LLC's (Shumaker LLC) seven lots within the Highlands development were not subject to assessments levied by the Association pursuant to the restrictive covenant governing the development. The Association argues the Master e... More...   $0 (03-14-2012 - SC)

Henry Greg Hughes v. Sandra K. Peterson

The respondent-appellant, Henry Greg Hughes (“Mr. Hughes”), filed an appeal from the Family Court’s final judgment regarding attorney’s fees; its June 15, 2011 order dividing the marital property; and its May 12, 2010 order granting the motion of the petitioner-appellee, Sandra K. Peterson (“Ms. Peterson”), to rescind the parties’ separation agreement.2 We find no merit to any of the... More...   $0 (03-13-2012 - DE)

Kenneth Mosby v. Brenda K. West-Anderson

Respondents, Kenneth Mosby, et al. (Mosby), filed an action to quiet title to certain property in Jackson County, Missouri, with Appellant, Brenda West-Anderson, as one of the named defendants. West-Anderson had the case removed to federal court, but it was later remanded back to Jackson County Circuit Court. Following remand, the trial court entered a default judgment in favor of Mosby. West-Ande... More...   $0 (03-13-2012 - MO)

Barry F. Miller v. Landamerica Lawyers Title of El Paso

Barry F. Miller and Maria J. Miller appeal a summary judgment granted to LandAmerica Lawyers Title of El Paso. In two issues for review, they urge that there are material fact issues regarding their action for negligent misrepresentation and regarding their action for deceptive trade practices. We affirm.


In 2006, the Millers purchased land in El Paso County, Texa... More...
   $0 (03-08-2012 - TX)

Mack A. Woods v. Cary D. Hill

2 This action for legal malpractice is the epilogue to what this court
previously has described as a series of "[p]rocedural misadventures."1
3 Defendant, an
4 attorney, represented plaintiff in connection with the dissolution of plaintiff's marriage.
5 The dissolution case was referred to court-annexed arbitration. Defendant then stipulated
6 to "binding" arbitration with the... More...
   $0 (03-07-2012 - OR)

CPT Asset Backed Certificates, Series 2004-EC1 v. Cin Kham

¶1 On August 27, 2004, the appellants, Cin Kham and Ngul Liam Cing (Appellants), executed an adjustable rate note in favor of Encore Credit Corporation, a California Corporation (Encore). Contemporaneously, the Appellants executed a mortgage to secure the note. The mortgage names Mortgage Electronic Registration Systems, Inc. (MERS), as the mortgagee and further states "MERS is a separate corpora... More...   $0 (03-06-2012 - OK)

Jeffrey Kavin, Inc. v. Harold Frye

One of four lessees, who was not a defendant in the action below, signed and delivered to the lessor, with lessor’s approval, a writing exercising an option to extend a lease after the expiration of the period to exercise that option. We hold that defendants, the three other colessees, were not bound by that purported exercise of the option. We also hold that the increased rental provision for h... More...   $0 (03-05-2012 - CA)

First American Title Insurance Company v. Western Surety Company

Pursuant to Article VI, Section 1 of the Constitution of Virginia and Rule 5:40, we accepted the following certified questions from the United States Court of Appeals for the Fourth Circuit ("Fourth Circuit"), pursuant to its order entered August 2, 2011:

1. Does the Virginia Consumer Real Estate Settlement Protection Act, Va. Code Ann. § 6.1-2.19 et seq. (recodified at Va. Code Ann. § 55... More...
   $0 (03-02-2012 - VA)

Rolland P. Weddell v. H20, Inc.

In this appeal, we consider distinct issues arising from a fall-out between business partners. We first consider whether a judgment creditor divests a dual member and manager of a limited-liability company of his managerial duties. In doing so, we determine the rights and remedies of a judgment creditor pursuant to NRS 86.401. We conclude that a judgment creditor has only the rights of an assignee... More...   $0 (03-01-2012 - NV)

Town of Flower Mound, Texas v. Rembert Enterprises, Inc.

After considering Appellants‘ motion for rehearing, we deny the motion but withdraw our prior opinion and judgment of December 8, 2011, and substitute the following.

In this interlocutory appeal, Appellants Town of Flower Mound, Texas; Harlan Jefferson, Town Manager; and Charles Springer, Assistant Town Manager/Chief Financial Officer (collectively, Appellants) challenge the trial court... More...
   $0 (03-01-2012 - TX)

Ferguson Fire and Fabrication, Inc. v. Preferred Fire Protection, LLC

On appeal, Ferguson Fire and Fabrication, Inc. (Ferguson Fire) argues the circuit court erred in holding Immedion, LLC (Immedion) was not liable on the materialman's lien when Immedion paid its general contractor in full after receiving notice from Ferguson Fire. Ferguson Fire also contends the circuit court erred in holding its notice to Immedion was ineffective under South Carolina law. In add... More...   $0 (02-29-2012 - SC)

Kent Bigby v. Robert Vogel

2 This is an appeal from a judgment of final distribution arising out of a
3 probate proceeding involving the estate of Maxine Vogel (the decedent). The probate
4 court determined that certain assets retained by the estate were personal property and,
5 consequently, ordered that they be distributed to respondent, the decedent's husband and
6 the residual beneficiary under her will.... More...
   $0 (02-29-2012 - OR)

City of Lake Forest v. Evergreen Holistic Collective

The trial court granted the City of Lake Forest‟s (the City‟s) request in this nuisance abatement proceeding for a preliminary injunction shutting down Evergreen Holistic Collective‟s (Evergreen‟s) medical marijuana dispensary based on a citywide ban against dispensaries. The trial court determined the City‟s decision not to recognize dispensaries as a permitted property use, and to proh... More...   $0 (02-29-2012 - CA)

Richard O. Wolfe, II v. Culpepper Constructors, Inc.

This appeal and cross-appeal arise from a contract dispute following the construction of a large addition to and remodeling of a historic residence owned by appellants/cross-appellees, Richard O. Wolfe, II, and his wife, H. Michelle Wolfe. The appellee/cross-appellant, Culpepper Constructors, Inc. (Culpepper), was the general contractor on the project. We affirm in part and reverse in part. We rev... More...   $0 (02-29-2012 - FL)

Realpro, Inc. v. Smith Residential Company, LLC

Plaintiff and appellant RealPro Inc. (RealPro) appeals from a judgment in favor of defendants Smith Residual Company, LLC and J&A Gonzales, LLC (hereafter referred to collectively as Sellers), entered after the trial court sustained without leave to amend the demurrer of Sellers to RealPro’s complaint to recover a real estate commission. The trial court found that RealPro “failed to allege fac... More...   $0 (02-28-2012 - CA)

Alvin L. Phillips v. Lovella Phillips

Alvin L. Phillips, the Former Husband, challenges the final order of dissolution of his marriage to Lovella Phillips, the Former Wife, as well as subsequent amendments to that order. We affirm the final judgment. However, we write to clarify that the plain reading of the final judgment of dissolution allows the Former Husband the right to seek a partition of the marital home if it has not been sol... More...   $0 (02-24-2012 - FL)

Glen Oaks Estates Homeowners Association v. Re/Max Premier Properties, Inc.

Appellant Glen Oaks Homeowners Association (the HOA) appeals from judgments entered against it after the trial court sustained demurrers to its first amended complaint (FAC). Respondents are two groups of realtors: (1) Loeffler and Bathke Properties Realtors, Inc., doing business as Re/Max Premier Properties, Inc., Priscilla Siew-Lin Yim, and Margaret M. Huang; and (2) DG Real Estate, Inc. (errone... More...   $0 (02-23-2012 - CA)

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