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Real Property Law
 
Nationwide Life Insurance Company v. Commonwealth Land Title Insurance Company

This interlocutory appeal requires interpretation of a title insurance policy that contains a widely-used endorsement known as the American Land Title Association 9 Endorsement (“the ALTA 9 Endorsement”). Specifically, this court must decide whether the scope of coverage under ¶ 1(b)(2) of the ALTA 9 Endorsement encompasses losses resulting from entire instruments, or whether the coverage is ... More...   $0 (07-25-2012 - PA)

Petrohawk Properties, L.P. v. Chesapeake Louisiana, L.P.

What follows is the tale of competing mineral leases on the Louisiana property of Lee and Patsy Stockman during the Haynesville Shale leasing frenzy. In April 2008, the Stockmans entered into an extension of their mineral lease with Chesapeake Louisiana, L.P. and received a $240,000 bonus. In May 2008, the Stockmans entered into a mineral lease with Petrohawk Properties, L.P. for a $1.45 million b... More...   $0 (07-24-2012 - LA)

Northern Pacific Center, Inc. v. BNSF Railway Company

The Northern Pacific Center incurred costs to reduce pollution on a property it owns in Brainerd, Minnesota which had formerly been owned by BNSF Railway and used as a railcar construction and maintenance facility. The Center sued BNSF under the Minnesota Environmental Response and Liability Act (MERLA), Minn. Stat. § 115B.01 et seq., to recover its costs. BNSF moved for summary judgment on the b... More...   $0 (07-24-2012 - MN)

Georgiacarry.org, Inc. v. The State of Georgia

In 2010, the Georgia legislature, apparently concerned that the carrying of weapons and long g 1 uns2 would likely present an unreasonable risk of harm to people who assemble in eight specific locations, enacted a statute barring the unrestricted carrying of weapons or long guns in those locations. O.C.G.A. § 16- 11-127(b) (this provision is hereinafter referred to as the “Carry Law”).3 This ... More...   $0 (07-24-2012 - GA)

Summa Engineering, Inc. v. Crawley Petroleum



�1 Summa Engineering, Inc. (Summa) sued Crawley Petroleum Corporation (CPC) and Mack Energy Company (MEC, collectively Defendants) for breach of contract and negligence in drilling an oil well in Jackson County, Oklahoma. Summa appeals the trial court's judgment which sustained Defendants' demurrer to the evidence at the close of Summa's case and entered judgment in Defendants' favor. We... More...
   $0 (07-20-2012 - OK)

New Wave Properties, Inc. v. Kimberly Wikoff

By two issues, appellant, New Wave Properties, Inc., appeals from the judgment of the County Court at Law of San Patricio County, denying appellant’s claims for eviction and past due rent and ordering appellant to return to appellee, Kimberly Wikoff, personal property removed from her apartment. We affirm.

I. BACKGROUND

Appellant is a management company for several apartment units.... More...
   $0 (07-19-2012 - TX)

Felicia Pierot Brody v. Cary Brody

The defendant, Cary Brody, appeals from judgments of the trial court rendered in connection with the underlying dissolution action awarding to the plaintiff, Felicia Pierot Brody, a $2.5 million lump sum alimony payment and granting the plaintiff’s two postjudgment motions for contempt. The defendant claims that the trial court improperly (1) rendered its judgment dissolving the parties’ marri... More...   $0 (07-17-2012 - CT)

Marvin Hansford v. Silver Lake Heights, LLC

Marvin Hansford was named and served as a defendant in a real property partition action in Shawnee County. Although he did not respond to the partition petition and failed to claim that he was the sole owner of any of the legally described property, he later sought to establish a claim to a portion of the partitioned land against its purchaser. The district court granted the purchaser's motion fo... More...   $0 (07-13-2012 - KS)

City of Boerne v. David Vaughan

The City of Boerne appeals the trial court’s order denying its plea to the jurisdiction and affording appellees, David Vaughan and Vaughan’s Hill Country Funeral Home, Inc. (collectively “Vaughan”), an opportunity to amend their pleadings. Because Vaughan’s pleadings affirmatively demonstrate that no cause of action exists for which the City’s immunity is waived, the trial court erred ... More...   $0 (07-13-2012 - TX)

Patricia Fish v. Billie Ruth Hodges

Appellee Billie Ruth Hodges sued appellant Patricia Fish to establish title by adverse possession to 273 acres of property that were recorded in Fish's name. A jury found that Hodges had adversely possessed the property, and the district court signed a final judgment awarding ownership of the property to Hodges. We will affirm the district court's judgment.


BACKGROUND

In 19... More...
   $0 (07-13-2012 - TX)

Millard Vaughn v. Paul Drennon

This appeal involves an ongoing dispute between neighboring property owners in Sabine County. In this segment, Millard and Barbara Vaughn sued Paul and Mary Drennon for trespass, violation of the water code, and intentional infliction of emotional distress (IIED). Additionally, the Drennons sued the Vaughns for IIED. The two cases were consolidated and tried before a jury. Only the Vaughns appeal,... More...   $0 (07-12-2012 - TX)

MPA Brickell Key, LLC v. The Fallstaff Group, Inc.

The plaintiff, MPA Brickell Key, LLC (“MPA”), appeals an order granting the defendants’, The Fallstaff Group, Inc. (“Fallstaff”) and Courvoisier Courts, LLC (“Courvoisier”), motion for summary judgment as to MPA’s claim for contractual indemnification; an order granting Courvoisier’s motion for summary judgment as to MPA’s claim for unjust enrichment; and the final judgment ent... More...   $0 (07-11-2012 - FL)

Friends of Minidoka v. Jerome County

were opposed to the LCO because of the potential harms to the neighboring farms and to the Minidoka National Historic Site petitioned the district court for review of the Board’s decision on remand from the district court. The district court affirmed the Board’s approval of the permit, finding in the process that four of the organizations concerned with the effects on the Minidoka National His... More...   $0 (07-06-2012 - ID)

Heron At Destin West Beach & Bay Resort Condominium Association, Inc. v. Osprey at Destin West Beach and Bay Resort Condominium Association, Inc.

Appellant, Heron at Destin West Beach and Bay Resort Condominium Association, Inc. (Heron), challenges a final summary judgment that found the election of officers of a master condominium association must be based on a simple majority of the board of directors rather than the weighted voting procedure specified in the master condominium declaration. We determine that chapter 718, Florida Statutes,... More...   $0 (07-06-2012 - FL)

Michele M. Pitts v. Farm Bureau Life Insurance Company

This case requires us to determine whether a life insurance agent owes a duty of care to the intended beneficiary of a life insurance policy. Additionally, we must decide whether a life insurance agent can be liable for negligent misrepresentation when he provides information to the insured and the intended beneficiary regarding the beneficiary designation listed on the life insurance policy. If w... More...   $0 (07-06-2012 - IA)

Michael Roberts v. Eva Wilson

Appellants appeal a partial summary judgment in favor of Appellee and the judgment of the trial court in granting Appellee’s petition for partition.[1] Appellants bring six issues: (1) error in the trial court’s granting of partial summary judgment; (2) error in the trial court’s ruling on the effects of a partition deed on a determinable fee or other special conditions and the warranty el... More...   $0 (07-05-2012 - TX)

Sneil, LLC v. Tybe Learning Center, Inc.

Sneil, LLC, sought to quiet title to 3645 Marietta Drive, Florissant, Missouri, and to eject Tybe Learning Center, Inc. and Regions Bank from that property. The circuit court found in favor of the Tybe and Regions. Sneil appealed. After opinion, the court of appeals transferred the case to this Court, which has jurisdiction. Mo. Const. art. V, sec. 10.1

FACTS

On August 28, 2006, Snei... More...
   $0 (07-03-2012 - MO)

Joseph Askew v. The Trustees of the General Assembly of the Church of the Lord Jesus Christ of the Apostolic Faith, Inc.

The First Amendment to the United States Constitution provides, in part, that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” We address whether these Religion Clauses of the First Amendment insulate from civil court review the decision by a church leader to terminate an individual’s membership in a church.

The disput... More...   $0 (07-03-2012 - PA)

Will Wilkins v. Tulsa Development Authority

Plaintiffs and Defendant TDA were in negotiations for Plaintiffs to purchase and redevelop a downtown parcel of TDA real estate. The TDA passed fonnal Resolutions on January 10, 2008, and April 4, 2008, authorizing an “exclusive” negotiating period between the parties until September 4, 2008. The second Resolution, Resolution 5443, directed that the exclusive time period was intended to enable... More...   $1 (06-30-2012 - OK)

Dennis Davis v. Steven L. Johnston

This appeal arises from a dispute concerning the existence and scope of easements that were alleged to burden two waterfront lots on Lake Travis. One of the lots is owned by appellant Dennis Davis and the other by appellant Debbie Desmond. Davis and Desmond are jointly engaged in a business known as Aqua Tech Marine Industries, which had conducted its operations on the lots since 2004. Following a... More...   $0 (06-29-2012 - TX)

Donna Fait v. New Faze Development, Inc.

The owner of a parcel of real property with a building on it demolishes the building to make way for new development. Unfortunately, the owner is unable to complete the development and ends up defaulting on a purchase money promissory note secured by a deed of trust on the property. The holder of the note and deed of trust exercises the power of sale under the deed of trust and buys the property b... More...   $0 (06-27-2012 - CA)

Dewey Brandon v. Above All Quality and Service Roofing, LLC

Plaintiff; Dewey Brandon, for his causes of action against Defendant, Above All Quality &
Service Roofing, LLC, alleges and states as follows:

THE PARTIES JURISDICTION & VENUE

1. Dewey Brandon (“Brandon”) is and at all material times herein mentioned was a resident of Cleveland County, State of Oklahoma.

2. Above All Quality & Service Roofing, LLC (“Above Allâ€... More...
   $1 (06-25-2012 - OK)

Chana Horowitz v. Francisc Berger

In this interlocutory appeal, Chana Horowitz challenges the trial court’s denial of her special appearance. We reverse and remand with instructions to the trial court to dismiss Horowitz from the suit for lack of personal jurisdiction.

I. FACTUAL AND PROCEDURAL BACKGROUND

Chana Horowitz is an Israeli citizen residing in Israel, where she worked as an independent contractor for the ... More...
   $0 (06-21-2012 - TX)

The Univesity of Texas Medical Branch at Galveston v. Lola Tatum

Appellees, Lola Tatum, individually and as a next friend of Dwight Tatum, Sandy Tatum, Lola Priscilla Tatum, Dwight Tatum, Jr., and Dwayne Tatum (collectively, “the Tatums”), sued appellant, The University of Texas Medical Branch at Galveston (“UTMB”), for medical malpractice for the loss of a bone flap removed from Dwight Tatum’s skull. UTMB filed a plea to the jurisdiction and motion t... More...   $0 (06-21-2012 - TX)

County Records, Inc. v. Peggy Armstrong

¶1 A commercial website operator filed this declaratory judgment action seeking a determination of the reasonableness of the fee charged by the Rogers County Clerk for electronic copies of records and for a determination that the corporation was entitled to an electronic copy of the official tract index of county land records. The trial court granted summary judgment to the corporation and direct... More...   $0 (06-19-2012 - OK)

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