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Real Property Law
 
St. Agnes Academy v. Texas Alcoholic Beverage Commission

St. Agnes Academy, Sharpstown Civic Association, and Clarewood House Residents Association (collectively "Protestants") contested the application of Club Bellaire, Inc. d/b/a El Corral ("Club Bellaire") for a permit to sell alcoholic beverages in the vicinity of Protestants' properties. See Tex. Alco. Bev. Code Ann. § 5.435 (West 2007) (public participation in licensing or permitting hearings). ... More...   $0 (12-14-2012 - TX)

James S. Dean v. Kangt Sik Park

¶1 Defendants Kang Sik Park and Marsha K. Park (the Parks) appeal from the trial court’s decision to quiet title in Plaintiffs James S. Dean and Sherlene T. Dean (the Deans). Specifically, the Parks assert that the trial court erred in determining that they failed to prove that both they and their neighbors acquiesced to a boundary marked by a wooden fence and that the Parks occupied the proper... More...   $0 (12-13-2012 - UT)

Elizabeth L. Dowell v. Mark E. Dowell

[¶1] While he and Appellant Elizabeth (Betsy) Dowell were still married, Appellee Dr. Mark Dowell created an irrevocable life insurance trust (ILIT) naming Ms. Dowell as its primary beneficiary and their two children as contingent beneficiaries. The couple divorced five years later. Six years after the divorce, Dr. Dowell filed a petition to modify the trust, in which he contended that he did not... More...   $0 (12-13-2012 - WY)

VCS, Inc. v LaSalle Development, LLC

¶1 VCS, Inc. claims it acquired a valid mechanic’s lien on an Ogden subdivision by performing work as a general contractor. Utah Community Bank (UCB) claims an interest in the same Og-den subdivision, an interest it acquired by extending a construc-tion loan—secured by a deed of trust—to the subdivision’s owner.

¶2 This case involves a dispute over the validity of VCS’s me-chani... More...
   $0 (12-11-2012 - UT)

State of Oklahoma v. Thomas Paul McGuire

The State of Oklahoma charged Thomas Paul McGuire with unlawful possession of controlled drug with intent to distribute in violation of 63 O.S. 2-401(A)(1) which 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, possess with inten... More...
   $0 (12-10-2012 - OK)

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 (12-09-2012 - FL)

Monica Kuria v. BMLRW, LLLP

In this appeal of a final summary judgment order, appellant (Personal Representative of the Estate of Freddie Smith, III) challenges the trial court’s finding that section 768.075(4), Florida Statute (2007), shields property owners from liability in a negligence action for injury to a person who is committing a felony on the property without requiring any “causal nexus” between the felony an... More...   $0 (12-09-2012 - FL)

George J. Borik v. Alameda Unified School District

This case involves the validity of a parcel tax approved by Alameda Unified School District (District) voters in June 2008 as Measure H. The issue before us is whether the tax violates Government Code section 50079, which authorizes school districts to levy “qualified special taxes.” (Gov. Code, § 50079, subd. (a).)1 Such taxes are statutorily defined as “taxes that apply uniformly to all t... More...   $0 (12-08-2012 - CA)

Claude Wilkinson v. John W. Bode

Plaintiffs (Buyers) contracted to purchase real property from Defendants (Sellers). Buyers appeal from summary judgment entered against them on their breach of contract claim. Sellers appeal from the district court’s failure to award attorney’s fees. We consolidated the appeals for disposition; we affirm the summary judgment, reverse on the issue of attorney’s fees, and remand for a determin... More...   $0 (12-06-2012 - OK)

Fairway Estates v. Unknown Heirs And Devisees Of Robert D. Young, Et Al,

The Fairway Estates Association of Apartment Owners -- a

condominium association comprised entirely of persons owning their apartment

units by way of leasehold -- appeals from the trial court's determination that its

statutory lien for unpaid assessments attaches only to a member's leasehold

interest in that unit. The Association asserts that, because both the relev... More...
   $0 (12-06-2012 - WA)

State of Oklahoma v. Eric Eugene Freese

Tulsa, OK - Criminal defense lawyer Kevin Adams represented Eric Eugene Freese who was charged by the State of Oklahoma with:

Count # 1.
Count as Filed: DU2II, UNLAWFUL POSSESSION OF CONTROLLED DRUG - METHAMPHETAMINE , in violation of 63 O.S. 2-402
Date Of Offense: 10/20/2012

Party Name: Disposition Information... More...
   $0 (12-03-2012 - OK)

Anadarko Petroleum Corporation v. BNW Property Co.

The issue in this appeal is whether two deeds that conveyed a 1/3rd mineral interest also conveyed a 4/9th executive right incident to the mineral interest. Appellant Anadarko Petroleum Corp. argues that the entire 4/9ths executive right passed under the deeds. Appellee BNW Property Co. takes a contrary position, contending that only a 1/3rd (3/9ths) executive right passed under the deeds and th... More...   $0 (12-03-2012 - TX)

Neal Frazier, Jr. v. Richard M. Donovan

Richard M. Donovan owned a 107.21 acre tract of land (Tract 1) and a twenty-three-acre tract of land (Tract 2) in Angelina County, Texas (collectively referred to as ―real property‖). Donovan discovered that Neal Frazier, Jr., who had an ownership interest in nearby property described as Tracts 3 and 4, was living in a home on Tract 1. He also saw that Neal would allow horses to trample and ru... More...   $0 (12-03-2012 - TX)

Dena Lynn Shaw v. Johnnie L. Webb

Dena Lynn Shaw and Denise Renee Pope sued Johnnie L. Webb and Carol E. Webb on personal tort theories. The claims made are not available.

Defendants answered as follows:

1. The allegations in paragraph one of Plaintiffs’ Petition, are denied.

2. The allegations in paragraph two are admitted.

3. The allegations in paragraph three of Plaintiffs’ Petition, are... More...
   $0 (12-02-2012 - OK)

Marilyn Wehlung v. Robert John Schultz

Marilyn Wehlung sued Robert John Schultz on a negligence theory claiming:

1. That the Plaintiff is the owner of and in possession of certain real property, having an address of 9801 and 9803 Larkspur, Oklahoma City, Cleveland County, Oklahoma, which is more particularly described as follows, to-wit

Lot 11, Shadowlake Vifiage UT, being a part of the Northeast
Quarter of Sectio... More...
   $25000 (12-02-2012 - OK)

Clinton R. Strong, M.D. v. Oklahoma Gas and Electric Company

Clinton R. Strong, M.D. sued Oklahoma Gas and Electric Company on a negligence theory claiming:

1. Plaintiff Strong is a resident of El Reno, Canadian County, Oklahoma, and is the owner of real property located at 1801 Parkview Drive, El Reno, Canadian County, Oklahoma.

2. Defendant OG&E is an Oklahoma Utility Corporation incorporated under and regulated by the State of Oklahoma,... More...
   $1 (12-02-2012 - OK)

William C. Jarvis v. K&E Re One, LLC

William C. Jarvis and Cindy Jarvis appeal (I) the trial court’s judgment granting K&E Re One, LLC (K&E) declaratory and injunctive relief and awarding K&E attorney’s fees, and (2) the trial court’s grant of summary judgment in favor of Stewart Title Company (Stewart Title) and Bayview Loan Servicing (Bayview). In four points of error, the Jarvises contend the trial court erred by (I) denying... More...   $0 (12-02-2012 - TX)

City of Tulsa v. Red Fork Properties, LLC

The City of Tulsa sued Red Fork Properties, LLC on an eminent domain theory seeking to obtain by condemnation certain rights, title and interested from Defendant for public use. The City alleged as follows:


1. Plaintiff/Condemnor is a municipal corporation organized and existing under and by virtue of the Constitution and statutes of the State of Oklahoma under a charter form of govern... More...
   $0 (11-30-2012 - OK)

Tim Sosebee v. Steadfast Insurance Company

Appellant Steadfast Insurance Co. (“Steadfast”) appeals from the district court’s order denying Steadfast summary judgment and granting summary judgment to Appellees Sosebee, Writesman, and Patillo (“Sosebee”). The district court held Steadfast waived its coverage defense. We REVERSE and render summary judgment in favor of Steadfast.

I

Tim Sosebee, Mark Writesman, and Dale ... More...
   $0 (11-28-2012 - LA)

State of Oklahoma v. James Adam Flynn

The State of Oklahoma charged James Adam Flynn with unlawful possession of controlled drug in violation of 63 O.S. 2-402 which provides:


A. 1. It shall be unlawful for any person knowingly or intentionally to possess a controlled dangerous substance unless such substance was obtained directly, or pursuant to a valid prescription or order from a practitioner, while acting in the course... More...
   $0 (11-26-2012 - OK)

Bright Construction Corporation v. Michael Walz

Bright Construction Corporation sued Michael Walz in an indebtedness theory. Plaintiff alleged the following:

1. Plaintiff is a corporation organized and existing under the laws of the StateS of Oklahoma with its principal place of business in Tulsa County. Defendant is a resident of Tulsa County.

2. Pursuant to agreement between Plaintiff and Defendant, Plaintiff provided labor and... More...
   $1 (11-26-2012 - OK)

Courtland Building Company, Inc. v. Jalal Family Partnership, Ltd.

Courtland Building Company, Inc. brings this interlocutory appeal challenging the trial court’s denial of its motion to compel arbitration and to stay further judicial proceedings. Because the claims for which Courtland seeks to compel arbitration are within the scope of a valid arbitration agreement, and because the respondents failed to establish that Courtland waived its right to enforce the ... More...   $0 (11-24-2012 - TX)

National City Bank of Indiana and Home Loan Services, Inc. v. Albert Ortiz

In this opinion, we address cross-appeals and a mandamus petition arising out of the foreclosure of a residential property. The borrower, Albert Ortiz, sued the bank and its mortgage servicer for a variety of claims including wrongful foreclosure, breach of contract, negligence, trespass to real property, trespass to personalty, and conversion. The bank counterclaimed to recover on the note and to... More...   $0 (11-24-2012 - TX)

Rolly Redland v. Robert Redland

[¶1] These consolidated appeals stem from the Redland family’s dispute over ranch property and operations. Appeals numbered S-12-0010 and S-12-0012 relate to real property that some of the Redland children claim their father, Robert Redland, agreed to place in a family trust. The district court granted Robert Redland partial summary judgment, holding that the claims were barred by the statute o... More...   $0 (11-21-2012 - WY)

Tamara Swan v. Matthias Trost

Tamara Swan is the niece and guardian of the ward, Erich Trost. She is also the trustee of the Erich Trost Trust. Ms. Swan seeks certiorari review of the trial court's nonfinal order compelling production of corporate, Trust, and financial documents to Matthias Trost, the ward's estranged son. We have jurisdiction. See Fla. R. App. P. 9.030(b)(2)(A). We grant the petition for writ of certiorari an... More...   $0 (11-12-2012 - FL)

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