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Real Property Law
 
Steve Harris v. Amgen, Inc.

Plaintiffs, current and former employees of Amgen, Inc. (“Amgen”) and its subsidiary Amgen Manufacturing, Limited (“AML”), participated in two employer-sponsored pension plans, the Amgen Retirement and Savings Plan (the “Amgen Plan”) and the Retirement and Savings Plan for Amgen Manufacturing, Limited (the “AML Plan”) (collectively, “the Plans”). The Plans were employee stock-o... More...   $0 (06-04-2013 - CA)

Stor/Gard INC.; SGI-Walpole, LLC, v. Strathmore Insurance Company

This diversity case involves an insurance-coverage dispute, governed (the parties agree) by Massachusetts substantive law. On one side is SGI-Walpole, LLC and Stor/Gard, Inc. On the other is Strathmore Insurance Company. A federal magistrate judge (presiding by the parties' consent, see 28 U.S.C. § 636(c)) granted Strathmore summary judgment, and SGI-Walpole and Stor/Gard ask us to take a second ... More...   $0 (06-03-2013 - MA)

Chad Stites v. Np Tu Mai

Chad Stites sued Np Tu Mai, Naw Thin Myat Aye and Spiritbank, N.A. on a specific performance theory claiming:

On or about March 23, 2010, Plaintiff as Seller and Defendants as Buyers entered into an Oklahoma Uniform Contract of Sale of Real Estate (Contract), whereby the Defendants agreed to purchase from Plaintiff the real property located at 12018 South Gum, Jenks, Oklahoma, more particul... More...
   $0 (06-02-2013 - OK)

SideCars, Inc. v. The Texas Department of Insurance

The issues presented in this appeal concern the legality of appellant SideCars, Inc.’s “Collateral Protection Coverage” (CPC) program that it marketed, sold, and administered for “buy here, pay here” car dealers.1 Facing competing motions for summary judgment, the trial court ruled in favor of appellees the Texas Department of Insurance and Mike Geeslin, in his capacity as the Texas Comm... More...   $0 (06-01-2013 - TX)

State of Oklahoma v. Christopher DuWayne Cooper

Tulsa, OK - Criminal defense lawyer Jeff Krigel represented Christopher DuWayne Cooper who was charged by the State of Oklahoma with:

Count # 1.
Count as Filed: DU2M, UNLAWFUL POSSESSION OF CONTROLLED DRUG , in violation of 63 O.S. 2-402
Date Of Offense: 09/27/2012

Pa... More...
   $0 (05-31-2013 - OK)

City of Canton, Texas v. Zanbaka USA, LLC, d/b/a Duke's Travel Plaza

The City of Canton, Texas, appeals the trial court’s denial of its plea to the jurisdiction and motion to dismiss. The City raises six issues on appeal. We reverse and render.

BACKGROUND

Zanbaka, USA, LLC d/b/a Duke’s Travel Plaza (Duke) entered into an agreement with the Canton Economic Development Corporation (CEDC), a Texas nonprofit corporation, to fund a sewer line and lift ... More...
   $0 (05-31-2013 - TX)

Albert Ramirez v. The State of Texas

Albert Ramirez (“Ramirez” or “Appellant”) appeals a ruling of the trial court that Ramirez was not indigent for the purposes of court-appointed counsel to represent him on appeal, Case No. 08-11-00298-CR, and a trial transcript at county expense. Ramirez brings two issues: (1) error by the trial court in determining Ramirez was not indigent in spite of evidence to the contrary and in viola... More...   $0 (05-31-2013 - TX)

Kenneth Ramsey v. State of Oklahoma ex rel. Cleveland County Assessor

Kenneth Ramsey, Trustee, the Ramsey Family Trust, sued State of Oklahoma ex rel. Cleveland County Assessor claiming:

1. Plaintiff is the owner of real property located in Cleveland County, Oklahoma, described as follows, to-wit:

Part of the Southeast Quarter (SE/4) of Section Six (6), Township Ten (10) North, Range Two (2) West of the I.M., Cleveland County, Oklahoma, described as fo... More...
   $0 (05-31-2013 - OK)

United States of America v. Kaboni Savage

The United States of America charged Kaboni Savage with conspiracy to participate in a racketeering enterprise in violation of 18 U.S.C. 1962; murder in aid of racketeering activity in violation of 18 U.S.C. 1959; retaliating against a witness in violation of 18 U.S.C. 1513; using fire to commit a felony in violation of 18 U.S.C. 844; tampering with a witness in violation of 18 U.S.C. 1512; racket... More...   $0 (05-31-2013 - PA)

Margarita Zavala v. Linda Olivas

Margarita Zavala sued her sister, Linda Olivas, in an attempt to obtain a deed to real property that Zavala claimed she purchased from Olivas. After a jury trial, and in accordance with the jury verdict, the trial court entered a take-nothing judgment on a fraud cause of action that Zavala alleged. In its judgment, the trial court denied all other requested relief. We affirm.

The evidence i... More...
   $0 (05-30-2013 - TX)

Gary Willmore v. Karen A Quigley

This appeal involves two parallel divorce proceedings, one in Texas and one in Canada.1 In two issues, appellant Gary Willmore complains that the Texas trial court did not order reimbursement to him for the community estate’s economic contribution to property in Canada that the trial court in the Canadian divorce had previously awarded to appellee Karen A. Quigley. We affirm.

____________... More...
   $0 (05-30-2013 - TX)

Clayton Alan Castetter v. Michelle Henderson

Clayton Castetter appeals the final judgment imposing a constructive trust in favor of the appellee, Michelle Henderson, on property titled solely in Castetter’s name. Based on a lack of competent evidence to support the trial court’s judgment, we reverse. Castetter and Henderson entered into a romantic relationship in 1988 in Illinois, moved to Florida in 1990, and had a son in August of 1995... More...   $0 (05-24-2013 - FL)

Kris Hansen v. The Bank of New York Mellon

¶1 Plaintiff Kris Hansen appeals the district court’s decision to grant the respective motions to dismiss filed by Defendants The Bank of New York Mellon (the Bank) and Marlon L. Bates on the basis that Hansen’s claims are barred by res judicata. We affirm.

¶2 In 2006, Hansen executed a deed of trust on certain property, naming Mortgage Electronic Registration Systems, Inc. (MERS) as ... More...
   $0 (05-23-2013 - UT)

Ronay Family Limited Partnership v. Robert R. Tweed

Robert R. Tweed (Tweed) and his investment firm, Tweed Financial Services, Inc. (TFI), appeal the order denying their petition to compel arbitration of claims for damages asserted against them by Ronay Family Limited Partnership (Ronay). The claims arose out of Tweed's provision of advice concerning Ronay's purchase of investments offered by CapWest Securities, Inc. (CapWest), for which Tweed and ... More...   $0 (05-23-2013 - CA)

Darby Kyle d/b/a South Coast Roofing and Repair, LLC v. Alma Zepeda

Appellants, Darby Kyle, individually and d/b/a South Coast Roofing and Repair and South Coast Roofing and Repair, LLC (collectively, “South Coast”), challenge the trial court’s post-answer default judgment rendered in favor of

2

appellee, Alma Zepeda.1 In six issues, South Coast argues that (1) the trial court erred in denying its motion for new trial and refusing to set aside ... More...
   $0 (05-23-2013 - TX)

City of San Antonio v. Great San Antonio Builders Association

This appeal of the trial court’s order denying the City of San Antonio’s plea to the jurisdiction arises from a suit seeking a declaratory judgment that the City’s Fair Notice Ordinance is void. In its plea, the City asserted that the plaintiffs, the Greater San Antonio Builders Association and Indian Springs, Ltd., lacked standing to pursue their declaratory judgment claim because no justic... More...   $0 (05-22-2013 - TX)

Fresni, Inc. v. Tamir Enterprises, Ltd.

Appellant, Fresni, Inc., appeals a judgment entered in favor of appellee, Tamir Enterprises, Ltd., after the trial court granted Tamir’s motion for summary judgment. In four issues on appeal, Fresni asserts the trial court erred in rendering summary judgment in favor of Tamir and dismissing its (1) conversion claim, (2) wrongful foreclosure claim, (3) breach of contract claim, and (4) trespass t... More...   $0 (05-22-2013 - TX)

In Re Estate of William H. McNutt

As the trial court acknowledged at a hearing in which it announced its findings after a two-day bench trial, “[w]e originated th[is] case with the understanding that I would be deciding [whether] there was an oral gift of 2000 acres and the improvements thereon or there was not an oral gift of that property to Sherry D. McNutt by her father William H. McNutt.” Despite acknowledging the legal t... More...   $0 (05-22-2013 - TX)

Wells Fargo Bank, N.A. v. Charles R. Brewer

¶1 This appeal arises out of Wells Fargo’s lawsuit for the balance due on a line of credit it extended to the Brewers secured by a deed of trust on the Brewers’ former home. The
2
Brewers argue that the anti-deficiency statutes prevent them from being sued directly on the debt. The trial court granted summary judgment in favor of Wells Fargo, finding the anti-deficiency statutes did n... More...
   $0 (05-21-2013 - AZ)

Village Place, Ltd. v. VP Shopping, LLC

Village Place, Ltd. purchased the Village Shopping Center with a non-recourse promissory note secured by a deed of trust pledging the property as collateral. The deed of trust included provisions that under certain circumstances created exceptions to the non-recourse nature of the loan. Bob Yari guaranteed the

2

loan. When Village Place defaulted, VP Shopping, LLC (VPS), the notehold... More...
   $0 (05-21-2013 - TX)

Miguel Angel Pappolla v. Marcia Julieta Simovich

Appellant Miguel Angel Pappolla agreed to pay contractual alimony to appellee Marcia Julieta Simovich as part of a divorce settlement. When Pappolla failed to make payments required under the agreement, Simovich filed a petition seeking acceleration and payment of the remaining obligation. The trial court granted Simovich’s petition and signed a wage withholding order. In two issues, Pappolla co... More...   $0 (05-21-2013 - TX)

Spirtas Company v. Nautilus Insurance Company

Spirtas Company was hired to demolish a bridge. It subcontracted the blasting and demolition of the longest span to Dykon Explosive Demolition Corporation. Some of the explosive charges failed. The span was mangled. The full demolition took more time and resources to complete. Spirtas incurred additional costs, and the general contractor withheld some payment from Spirtas. Spirtas made a claim und... More...   $0 (05-21-2013 - MO)

State of Oklahoma v. Michael Anthony McGregor, III

The State of Oklahoma charged Michael Anthony McGregor, III with DUI Alcohol - second offense in violation of 47 O.S. 11-902; child endangerment in violation of 21 O.S. 852.1; driving under suspension in violation of 47 O.S. 6-303; driving without headlights in violation of 47 O.S. 12-203; failure to carry insurance / security verification form in violation of 47 O.S. 7-606; failure to use child r... More...   $0 (05-20-2013 - OK)

Betty L. Gary v. Jennifer Amos

Betty L. Gary sued Jennifer Amos on a conversion theory claiming:

1. The defendant is a resident of Oklahoma City, Oklahoma.

2. The events complained of occurred in Oklahoma City, Oklahoma.

3. The plaintiff is a resident of Yukon, Oklahoma.

4. This Court has jurisdiction and Oklahoma County is an appropriate venue.

STATEMENT OF FACTS

5. The def... More...
   $0 (05-20-2013 - OK)

Gila River Indian Community v. United States of America

This case illustrates the nuances of our federalist system of government, pitting Indian tribe against Indian tribe, and State and local governments against the federal government and an Indian tribe. The City of Glendale and various other parties (“Glendale”) seek to set aside the Department of the Interior’s decision to accept in trust, for the benefit of the Tohono O’odham Nation (“th... More...   $0 (05-20-2013 - AZ)

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