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Real Property Law
 
Arden M. Intengan v. BAC Home Loan Servicing, L.P.

Arden M. Intengan (Intengan) appeals from a judgment of dismissal entered after the court sustained the demurrer to her third amended complaint without leave to amend. Essentially, Intengan sought to preclude respondents from foreclosing on her property, contending they lack authority to do so under the relevant deed of trust and notice of default. In this appeal, Intengan argues that the demurrer... More...   $0 (03-22-2013 - CA)

LTF Real Estate Company, Inc. v. D&D Utility Supply, LLC

Appellants, LTF Real Estate Company, Inc. (“LTF”) and Travelers Casualty and Surety Company of America (“Travelers”), challenge the trial court’s rendition of summary judgment in favor of appellee, D&D Utility Supply, LLC (“D&D”),

2

and denial of their summary-judgment motion in D&D’s suit against LTF and Travelers for foreclosure and enforcement of D&D’s liens. In ... More...
   $0 (03-21-2013 - TX)

Maxine Adams v. Rebecca Ross

Rebecca Ross brought a forcible detainer action against Maxine and Cecil Adams in justice court seeking possession of certain real property in Bellaire, Texas. The justice court entered a default judgment in favor of Ross. The Adamses

2

filed a petition for bill of review in the county court at law. After a de novo bench trial, Ross again prevailed. The Adamses appeal the county cour... More...
   $0 (03-21-2013 - TX)

Mauna Loa Investments, LLC v. Anamaria Santiago

Mauna Loa Investments, LLC (“Mauna”), appeals from a final judgment
entered in favor of Anamaria Santiago (“Santiago”) after a default was entered
against it and a jury trial conducted on damages. Because the complaint fails to
state a claim upon which relief may be granted against Mauna, we reverse.

I. FACTUAL AND PROCEDURAL HISTORY

Santiago leased space for ... More...
   $0 (03-20-2013 - FL)

City of Freeport v. Briarwood Holdings, LLC

The City of Freeport brings this interlocutory appeal challenging the trial court’s denial of its plea to the jurisdiction. See TEX. CIV. PRAC. & REM. CODE ANN. §51.014(a)(8) (West Supp. 2012). Briarwood sued the City and the Freeport

2

Economic Development Corporation (FEDC) to set aside a deed to real property from FEDC to the City and to have the real property conveyed to Briar... More...
   $0 (03-19-2013 - TX)

Kyle West v. Christopher Mansfield

Kyle West sued Christopher Mansfield and Mr. Ed's Auction Company, Inc. on a negligence theory claiming:

1. Kyle West is an individual living within Tulsa County, State of Oklahoma. Defendant, Christopher Mansfield (“Mansfield”), is an attorney having offices in Tulsa County, Oklahoma. J. Edward Vierheller (“Vierheller”) is an individual and principal owner of Mr. Ed’s Auction C... More...
   $1 (03-18-2013 - OK)

Roman Pino v. The Bank of New York

The issue we address in this case involves an interpretation of the applicable Florida Rules of Civil Procedure governing voluntary dismissals and the extent of the trial court’s inherent authority to remedy alleged fraud on the court through the reinstatement of a dismissed lawsuit. Although the context of the issue as presented in this case arises out of a widespread problem associated with fr... More...   $0 (03-18-2013 - FL)

Donna R. Wendler v. City of St. Augustine, Florida

Donna R. Wendler, Scott Wendler, and Wendler Properties III, Inc. (collectively, “the Wendlers”), brought this action against the City of St. Augustine under the Bert J. Harris, Jr., Private Property Rights Protection Act, section 70.001, Florida Statutes

2

(2010) (“Harris Act”).1 The trial court found the action was untimely and dismissed the complaint with prejudice. We rev... More...
   $0 (03-15-2013 - FL)

Helmut Volmich v. Richard Braden Neiman

Appellants Helmut and Petra Volmich appeal the trial court’s summary judgment in favor of Appellees Richard Braden Neiman and Traci L. Neiman. The Volmiches contend in two issues that the trial court erred by granting summary judgment because the “as-is” clause in the parties’ sale contract does not as a matter of law defeat their affirmative claims or establish the Neimans’ affirmative... More...   $0 (03-14-2013 - TX)

Edwards S. Scott, Jr. v. Corrine J. Scott

Edwards S. Scott, Jr. sued Corrine J. Scott to quite title to real property.

Defendant counterclaimed on abuse of process, equitable action to vacate order for extrinsic fraud, accounting, waste, unjust enrichment, quiet title and nullification of sale theories.

The specifics of the claims made and defenses asserted are not available.... More...
   $0 (03-13-2013 - OK)

John J. Parker v. Textron Financial Corporation

This is an appeal from a judgment against John D. Parker for a deficiency remaining on a guaranty. The sole issue raised on appeal is that the trial court abused its discretion in denying a motion to recuse and disqualify. We affirm the trial court’s judgment.

PROCEDURAL HISTORY

Parker signed a guaranty in connection with Textron Financial Corporation’s loan to a third party. Whe... More...
   $0 (03-13-2013 - TX)

Robert Flynn v. Keller Williams, Inc.

This appeal arises from a take-nothing summary judgment rendered in favor of appellees, Keller Williams, Inc. (“Keller Williams”) and The Boehm Team. We affirm.

BACKGROUND

Appellants, Robert and Wian Flynn, own two properties in Boerne, Texas: 101 Shady Ridge and 309 River Ridge. The Flynns entered into a Residential Real Estate Listing Agreement to sell the house located at 101 ... More...
   $0 (03-13-2013 - TX)

Eric C. Rajala v. Robert H. Gardner

Plaintiff-Appellant Eric Rajala, Trustee of the bankruptcy estate of Generation Resources Holding Company, LLC (GRHC), appeals from the district court’s order granting motions to distribute (by Defendants-Appellees FreeStream Capital, LLC (FreeStream) and Lookout Windpower Holding Co., LLC (LWHC)) approximately $9 million held in escrow. This amount represents part of the purchase price of a win... More...   $0 (03-12-2013 - KS)

Michael L. Lee v. Raven Resources, LLC

Michael L. Lee sued Raven Resources, LLC and David Stewart seeking a declaratory judgment claiming:

1. At all relevant times, Plaintiff was and now is a resident of Oklahoma County, State of Oklahoma.

2. At all relevant times, Defendant Raven was and now is an Oklahoma limited liability company with its principal place of doing business in the City of Oklahoma City, Oklahoma County, ... More...
   $0 (03-12-2013 - )

City of Sand Springs v. Blossom Day Care Centers

The City of Sand Springs sued Blossom Day Care Centers on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests in real property owned by defendant for public purposes.

The Court appointed Sheila Brunton, Jim Clark and Jan Gordon commissioners to appraise Defendant's property and the damages caused by the taking.

The Commissioners awarded... More...
   $20000 (03-10-2013 - OK)

Ronald Dean Lake v. Don Brown

Ronald Dean Lake sued Don Brown on a breach of contract theory claiming: 1. Plaintiffs, Ronald Dean Lake and Jeanette Lake, are individuals residi rig in Oklahoma County, State of Oklahoma.

2. Defendant, Don Brown, is a single individual residing in Oklahoma County, State of Oklahoma

3. This Court has jurisdiction and venue for this cause of action.

4. As further described bel... More...
   $0 (03-10-2013 - OK)

Jeffrey Stoops v. Richard Nelson

[¶1] Jeffrey and Jeanne Stoops appeal from a judgment entered in the Superior Court (Aroostook County, Hunter J.), granting Richard and Betty Nelson’s1 motion for summary judgment declaring that the Nelsons properly acquired title through a municipal quitclaim deed to property located in Madawaska that the Stoopses once owned. The Stoopses argue that the court erred in granting the Nelsons’ m... More...   $0 (03-09-2013 - ME)

Ronald Dean Lake v. Don Brown

Ronald Dean Lake and Jeanette Lake sued Don Brown and the Unknown Spouse of Don Brown, if any, on a breach of contract theory claiming:

1. Plaintiffs, Ronald Dean Lake and Jeanette Lake, are individuals residi rig in Oklahoma County, State of Oklahoma.

2. Defendant, Don Brown, is a single individual residing in Oklahoma County, State of Oklahoma

3. This Court has jurisdiction ... More...
   $0 (03-09-2013 - OK)

Mid-Contient Casualty Company v. Wayne Giffiths Homes, Inc.

Mid-Contient Casualty Company sued Wayne Giffiths Homes, Inc. , Michael S. Smith and Jill Smith seeking a declaratory judgement regarding its obligations assumed by it under and insurance contract sold by it claiming:

1. This is an action brought pursuant to 12 O.S. 1651, et. seq., to determine and resolve questions of actual controversy concerning the availability and scope of insurance co... More...
   $0 (03-08-2013 - OK)

Sherrie Louise Taylor v. Foremost Lloyds of Texas

Appellant, Sherrie Louise Taylor, challenges the trial court’s summary judgment in favor of appellees, Alvin Lance Lough and Bank of America, N.A. (the “Bank”).1 In one issue, Taylor asserts that the trial court erred in granting summary judgment in favor of the Bank and denying her summary-judgment motion. We affirm.

I. BACKGROUND

The dispute in this case centers on who is ent... More...
   $0 (03-08-2013 - TX)

Tim P. Dittman v. Anthony A. Cerone

This case involves an option contract for the sale of property in Harris County. Appellants Tim and Debbie L. Dittman contend the trial court erred when it ordered that the Dittmans sell one of their properties to appellees Anthony Cerone and Ootzie Properties—Hou, LLC, formerly named Ootzie of Texas, LLC. By eighteen issues, the Dittmans argue that the trial court’s ruling violates basic tene... More...   $0 (03-07-2013 - TX)

Mountain Top Enterprises, LLC d/b/a Saratoga Roofing & Construction v. Al N. Dowell

Mountain Top Enterprises, LLC d/b/a Saratoga Roofing & Construction sued Al N. Dowell, Myrietta Dowell and New Century Mortage Corporation on breach of contract theories claiming:

Plaintiff Mountain Top Enterprises, LLC d/b/a Saratoga Roofing & Construction (“Saratoga”), for its Petition against the above-referenced Defendants, states:

1. Saratoga is an Oklahoma entity with its p... More...
   $0 (03-06-2013 - OK)

Todd N. Tipton v. Matt Wilson Custom Homes, LLC

Todd N. Tipton and Constance J. Tipton sued Matt Wilson Custom Homes, LLC and Matt Wilson who sued Curtis Symes, Concrete Development, Inc., Rocky Stevens, W & B Construction, Hope Lumber & Supply Company, Warren Keith Bingham and Estate of Kelly Bingham on fraud theories claiming:

1. Plaintiffs are residents of Oklahoma County, State of Oklahoma.

2. Defendant, Matt Wilson Custom... More...
   $0 (03-05-2013 - OK)

State of Oklahoma v. Penny L. Hoover, M.D.

State of Oklahoma sued Penny L. Hoover, M.D., et al. on eminent domain theories seeking to acquire by condemnation certain rights, title and interests in real property owned by the defendants for public use.

The court appointed commissioners who returned their report finding that defendants had been damaged in the amount of $598,000.00.

Plaintiff and Defendants filed demands for ... More...
   $1 (03-04-2013 - OK)

State of Oklahoma v. Jack Wesley Cawood, II

The State of Oklahoma charged Jack Wesley Cawood with unlawful possession of a controlled dangerous substance in violation of 63 O.S. 2-402; with acquired proceeds from drug activity under 63 O.S. 2-503; and unlawful possession of drug paraphernalia under 63 O.S. 2-40.

Title 63 O.S. 2-503 provides:


A. The following shall be subject to forfeiture:

1. All controlled dangero... More...
   $0 (03-04-2013 - OK)

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