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Real Property Law
 
Enbridge Pipelines (East Texas), L.P. v. Gilbert Wheeler, Inc.

Enbridge Pipelines (East Texas) L.P. (Enbridge) appeals the trial court’s judgment entered in favor of Appellee Gilbert Wheeler, Inc. (Wheeler). Enbridge raises eleven issues on appeal. We reverse and remand.

BACKGROUND

Gilbert and Katherine Wheeler owned a one hundred fifty-three acre tract of rural, wooded property in Shelby County, Texas, that they called the “Mountain.”1 Th... More...
   $0 (10-19-2012 - TX)

PV Little Italy, LLC v. Metrowork Condominium Association

This appeal is from an order of the trial court resolving a dispute between PV Little Italy, LLC (PV Little Italy) and India Street Venture, LLC (India Street), over their respective rights in a mixed office and retail condominium development in downtown San Diego, known as MetroWork. India Street was the original owner and developer of MetroWork, the centerpiece of which is the retail space that ... More...   $0 (10-18-2012 - CA)

Jane Rivera a/d/a Jane Clayton v. Arthur Rivera

Jane Rivera a/k/a Jane Clayton files this restricted appeal challenging the trial court’s order granting a petition for enforcement with regard to a final divorce decree. Jane contends: (1) the trial court lacked plenary power to enter the order; and (2) the order included an award for unliquidated damages in the absence of any evidence to support the award. Arthur responded to Jane’s second i... More...   $0 (10-18-2012 - TX)

Javier Alvarado v. Lexington Insurance Company

Appellee, Lexington Insurance Company (“Lexington”), moved for rehearing of our April 19, 2012 opinion. We grant the motion for rehearing, withdraw our April 19, 2012 opinion and judgment, and issue this opinion and judgment in their stead. Our disposition remains the same. We dismiss Lexington’s May 21, 2012 motion for en banc reconsideration as moot.1

Appellant, Javier Alvarado, s... More...
   $0 (10-18-2012 - TX)

Debbie McAllen v. John Tillman

Plaintiffs Debbie and Monty McLallen (the McLallens) appeal from a summary judgment quieting title to property located along the Elk River in defendants Judy and Stephen Geigle (the Geigles).1 The title dispute arose out of 1984, 1998 and 2002 deeds conveying property “lying North and West of Elk River.” In 1984, the Elk River consisted of two distinct channels. More water flowed through the s... More...   $0 (10-16-2012 - MO)

Ted Kimzey v. Flamingo Seismic Solutions, Inc.

This is an appeal from a summary judgment dismissal in the district court. Plaintiffs brought a trespass action for damages to their land caused by Defendant’s seismic exploration activities. Plaintiffs originally filed their action in the state court of Oklahoma; Defendant removed it to federal district court based on diversity of citizenship. Defendant moved for summary judgment, arguing that ... More...   $0 (10-15-2012 - OK)

Lonnie Lewis v. New Beginning Fellowship Church of God in Christ Foundation

Lonnie Lewis sued New Beginning Fellowship Church of God in Christ Foundation, Pearlee Flemons, Larry King, Mark Norman, Edwards Stevenson, Ellis Stevenson, Pamela Taylor, Joann Titsworth and Josh Titsworth on quite title theories claiming:

Plaintiff is attorney in fact under power of attorney of New Testament Pentecostal Church House of Prayer, a religious corporation (hereinafter termed N... More...
   $0 (10-14-2012 - OK)

Eitan Sobel and Vered Sobel v. City of Rutland

¶ 1. BURGESS, J. Plaintiffs, Doctors Eitan and Vered Sobel, owners of a medical office building in Rutland, appeal the superior court’s grant of summary judgment for defendant, City of Rutland. Plaintiffs sued the City for damages, claiming the City Tax Assessor (the Assessor) was negligent in providing allegedly inaccurate property tax estimates on the proposed, but not yet built... More...   $0 (10-12-2012 - VT)

Lawrence C. Mathis v. DCR Mortgage III Sub I, LLC

Lawrence C. Mathis executed a promissory note on March 31, 2000 in connection with his purchase of an approximately 20,000 square foot building in Austin, Texas. The note was originally made payable to Norwest Bank, N.A. and secured by a deed of trust. DCR Mortgage III Sub I, L.L.C. later acquired the note and deed of trust from Norwest and is the current owner and holder.

... More...
   $0 (10-12-2012 - TX)

Weavewood, Inc. v. S & P Home Investments, LLC

The question presented by this case is whether statutes of limitations apply to actions for declaratory judgment. Because the Uniform Declaratory Judgments Act, Minn. Stat. ch. 555 (2010), is a procedural device through which parties may vindicate substantive legal rights, we conclude that an action for declaratory judgment is barred by an applicable statute of limitations to the same extent that ... More...   $0 (10-10-2012 - MN)

The Fundamentalist Church of Jesus Christ of Latter-Day Saints v. Thomas C. Horne

¶1 In this case we are asked to answer a certified question from the United States Court of Appeals for the Tenth Circuit concerning the preclusive effect of a decision like that in Funda-mentalist Church of Jesus Christ of Latter-Day Saints v. Lindberg, 2010 UT 51, 238 P.3d 1054. The state law question presented focuses specifically on whether our ―discretionary review of a petition for extrao... More...   $0 (10-05-2012 - OK)

Wilma Dsak v. Sherry Vanlandingham

As personal representative of the estate of Helen Desak, Wilma Desak appeals the order dismissing her complaint against Vanlandingham Farms, Inc.

(VLFI) as time-barred. Based on the Uniform Fraudulent Transfer Act,1

We start from the premise that “only in extraordinary circumstances where the facts constituting the defense affirmatively appear on the face of the complaint and esta... More...
   $0 (10-05-2012 - FL)

MBR & Associates, Inc. v. William S. Lile

Appellants MBR & Associates, Inc. and Marion Brian Ramon appeal from the trial court’s judgment for Appellee William S. Lile, signed after a bench trial. For the reasons set forth below, we will affirm the trial court’s judgment.

II. FACTUAL OVERVIEW

Lile hired MBR Guaranteed Foundation Repair (MBR-GFR)2 to repair the foundation of his home based on MBR-GFR’s representation... More...
   $0 (10-05-2012 - TX)

State of Oklahoma v. Carnell Lashawn James

The State of Oklahoma charged Carnell Lashawn James with attempt to elude officer in violation of 21 O.S. 540; child endangerment permitting abuse in violation of 21 O.S. 852.1; possession of marijuana in violation of 63 O.S. 2-401 and 63 O.S. 2-240; DUI Alcohol in violation of 47 O.S. 11-902; operating a motor vehicle without a license in violation of 47 O.S. 6-303

Title 21 O.S. 540A pro... More...
   $0 (10-04-2012 - OK)

Pedro J. Garcia v. Danid Andonie

This case is before the Court on the Miami-Dade Property Appraiser’s (Property Appraiser) appeal of the Third District Court of Appeal’s decision in De La Mora v. Andonie, 51 So. 3d 517 (Fla. 3d DCA 2010).1 In Andonie, the Third District affirmed a circuit court’s grant of an ad valorem homestead tax exemption to David and Ana Andonie (the Taxpayers), and declared a portion of section 196.03... More...   $0 (10-04-2012 - FL)

Robert S. Lemer v. Carol Coggins

Appellant Robert S. Lemer, who was substituted as plaintiff for Constance L. Nelson (Connie), now deceased, challenges the trial court's summary judgment entered against Connie and in favor of appellees Carol Coggins and Harley Jerome Coggins. By four issues which we reorganize as one, Lemer contends that the trial court erred in granting the Cogginses' motion for summary judgment because Connie's... More...   $0 (10-04-2012 - TX)

Amparo Pena Cortina v. P.I. Corporation and Windward Oil and Gas Corporation

Appellants, Amparo Pena Cortina and numerous descendants of Carmen Balli and Delfina Solis Balli ("the Cortinas"), filed suit against appellees, C. Jones Perry, as executor of the Estate of Gilbert Kerlin,1 P. I. Corporation, and Windward Oil & Gas Corporation ("Windward"), claiming to own an undivided 2.083% interest in Padre Island. Windward filed both no-evidence and traditional motions for sum... More...   $0 (10-04-2012 - TX)

Marlene Elrod v. First Pryority Bank

Marlene Elrod, individually and as Managing Member of Maplewood Investments, LLC, sued First Pryority Bank on negligence, fraud in the inducement and breach of contract theories relating to mortgage loan procession and administration, alleging:

The Plaintiff, Diana Marlene Elrod, dismisses her causes of action with prejudice to her right of re-filing any further action against the Defendant... More...
   $1 (10-04-2012 - OK)

Yorktown Holding, LLC v. Stephen P. Wallace

Yorktown Holding, LLC, W.H. Land Company, LLC and 2005 LRJ, LLC sued Stephen P. Wallace, Marty Roma Jage, Edith L. Jackson, Vilia T. Jage, Michael P. Jage and Joan Godlove on quite title theories.

Plaintiffs claimed:

Plaintiff, Yorktown Holding, received title to the Subject Property by Partnership/Trustee’s Deed filed October 20, 2006, at Doc. #2006121364 (Exhibit B), and by ... More...
   $0 (10-04-2012 - OK)

S. Fred Hall v. State of Oregon

2 The jury in this inverse condemnation case found that plaintiffs' property
3 had a fair market value of $4,000,000 before defendant's disputed activities and that these
4 activities--repeated statements to the general public and potential purchasers that
5 defendant intended to eliminate an I-5 interchange, thereby rendering plaintiffs' property
6 landlocked, and then acquire it ... More...
   $0 (10-03-2012 - OR)

The Aubrey J. Moye and Cercia B. Moye Revocable Living Trust v. Debra L. Moye

COMES NOW the Plaintiff, The Aubrey J. Moye and Cercia B. Moye Reocable Living
Trust and Cercia B. Moye, as Trustee (“Plaintiff”), by and through its attorney of record, Jay Tayar
Silvemail, and for its cause of action against Debra L. Moye and against Wallace Moye and against
the unknown successors of Maggie Young, deceased and against the unknown successors of Anthony
Moye, d... More...
   $0 (10-03-2012 - OK)

Jeannie Kay Jsckson v. Jack D. Taber

COMES NOW the Plaintiff, JEANNIE KAY JACKSON, and for her cause of action against the Defendants, alleges and states:

1. Plaintiff is an individual person residing in the City of Arlington, Tarrant County, State of Texas, and owns fee simple title in and to the property described as follows:

Lots One (1) and (2), Block Twelve (12), Kennedy’s Second Addition to the City of Enid, Okl... More...
   $0 (10-01-2012 - OK)

Long Trail House Condominium Association v. Engelberth Construction, Inc.

¶ 1. SKOGLUND, J. This litigation stems from the construction of a 143-unit condominium complex known as the Long Trail House at Stratton Mountain, Vermont. Plaintiff Long Trail House Condominium Association appeals from the trial court’s order granting summary judgment to defendant general contractor Engelberth Construction, Inc. on its complaint. The Association argues that th... More...   $0 (09-28-2012 - VT)

Baywood Estates Property Owners Association, Inc. v. Jack P. Caolo

Baywood Estates Property Owners Association, Inc. (the POA) appeals the summary judgment granted in favor of Jack P. Caolo, David and Candice Griffin, James Chumley, and Verne Beshear (Appellees). In a single issue, the POA argues for reversal of the summary judgment. We reverse and remand to the trial court for further proceedings.

BACKGROUND

In May 1971, Southwest Resorts Company f... More...
   $0 (09-28-2012 - TX)

Kyle L. Greenwood v. Marthan Joy Lee n/k/a Martha L. Clanton

Appellants, Kyle and Beverly Greenwood, defendants and counterplaintiffs below, appeal the trial court’s summary judgment which declared the scope of an easement and respective rights of the Greenwoods as owners of the dominant estate and neighboring servient estate owner, Martha Lee (now known as Martha Clanton), plaintiff and counterdefendant below. The Greenwoods challenge the trial court’s... More...   $0 (09-28-2012 - TX)

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