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Real Property Law
 
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.

Facts

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)

In The Matter of the Estate of William Melton, Deceased

This is a dispute between the State and a testator’s daughter and half sisters over his $3 million estate. At issue is the proper distribution of the estate of the testator, who, by way of a handwritten will, attempted to disinherit all of his heirs but was unsuccessful in otherwise affirmatively devising his estate. Under the common law, a disinheritance clause was unenforceable in these circum... More...   $0 (02-16-2012 - NV)

TRudell B. Fowler v. Shannon L. Lund

Appellants, Trudell B. Fowler and Ephfran D. Boyd, appeal the trial court’s take-nothing judgment on their trespass claim against appellee, Shannon L. Lund. We affirm.

I. BACKGROUND

The primary dispute in this case is whether the house at issue is located on property conveyed to Eliza Boyd or on an adjacent piece of property.

In 1938, a piece of property was conveyed to Eliz... More...
   $0 (02-16-2012 - TX)

Dallas County, Texas v. Crestview Corners Car Wash

Dallas County condemned a portion of appellees' See Footnote 1 property for the purpose of widening Trinity Mills Road in Carrollton. Following a jury trial, the trial court rendered judgment and awarded the County a permanent easement and street right-of-way over a portion of Crestview's real property. It also awarded Crestview the stipulated value of the portion taken, plus damages to the re... More...   $0 (02-16-2012 - TX)

City of Fort Worth, Texas v. Harmit Chaqttha

Appellant City of Fort Worth appeals the trial court’s order denying its plea to the jurisdiction. We reverse and remand.

II. Factual and Procedural Background

On February 10, 2010, Fort Worth Police Officer Byrd conducted a traffic stop while on duty. Believing the driver to be intoxicated, Officer Byrd called for a DWI unit to conduct a field sobriety test. While awaiting th... More...
   $0 (02-16-2012 - TX)

Karen Kristine Silvio v. Jolynn Boggan

This is an appeal from a trial court judgment declaring two real property deeds void. We consider whether (1) the appellant preserved error to complain about the trial court’s declaration that a real property deed was void, (2) the trial court erred in declaring a second deed void for lack of consideration absent a finding of fraud, (3) the trial court engaged in prohibited ex parte communicati... More...   $0 (02-16-2012 - TX)

Danny Sherrod v. Denny Powell

Danny Sherrod appeals from a judgment entered against him that contained a declaration that Charles Powell and Denny Powell had a life estate in a 5.84 acre tract of land, awarded damages for trespass to the Powells, granted injunctive relief, and awarded attorney’s fees to the Powells. Sherrod complains that the trial court erred by determining that a document is a deed that created a life esta... More...   $0 (02-15-2012 - TX)

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