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Real Property Law
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.


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)

Opulent Life Church v. City of Holly Springs, Mississippi

Until the eve of oral argument, the City of Holly Springs, Mississippi, had on its books a zoning ordinance that explicitly singled out “churches” for unfavorable treatment, albeit not for the outright banning of their presence from particular locations. The night before we heard argument, Holly Springs amended its ordinance, this time to ban “[c]hurches, temples, synagogues, mosques, and ot... More...   $0 (09-28-2012 - MS)

Cynthia R. Morton v. Ronald E. Morton

2 Husband appeals a judgment of dissolution, challenging the trial court's
3 spousal support award to wife and its division of the parties' property and debts. We
4 reject his challenge to the spousal support award without discussion and write only to
5 address the division of the property and debts. We conclude that the trial court acted
6 within its discretion in making the divis... More...
   $0 (09-26-2012 - OR)

Pine Ridge Park v. Dorothy Fugere

2 Defendant appeals from the denial of her motion to quash a notice of
3 restitution in this forcible entry and detainer (FED) action. This case poses the issue
4 whether the filing of a supersedeas undertaking on appeal pursuant to ORS 19.335(2)
5 tolls the 60-day limit on issuance of process to enforce a judgment for restitution of
6 premises under ORS 105.159(3). We affirm.
... More...
   $0 (09-26-2012 - OR)

Kathryn F. Skalak v. Larry Bernard Book

Appellants, who are members of the Mason family (1) (collectively, "the Masons"), appeal from the trial court's judgment declaring that a deed that conveyed certain property in Tom Green County reserved for the grantors a fixed one-sixteenth non-participating royalty interest in all oil, gas, and other minerals produced from that land. We will affirm.


In 1944, several ... More...
   $0 (09-26-2012 - TX)

I-10 Colony, Inc. v. Chao Kuan Lee

This case involves a dispute over the ownership of and profits derived from a hotel property. In its final judgment, the trial court granted declaratory relief to appellee Chao Kuan Lee while finding his trespass to try title claim moot. The court further held that Chao Kuan Lee and Henry Wu, the latter on behalf of appellant I-10 Colony, Inc., each owned an undivided 50 percent interest in the pr... More...   $0 (09-25-2012 - TX)

State of Oklahoma v. Kalvin Dale Hulvey

The State of Oklahoma charged Kalvin Dale Hulvey with:

Count # 1. Count as Filed: DU8II, UNLAWFUL POSSESSION OF CONTROLLED DRUG - METHAMPHETAMINE , in violation of 63 O.S. 2-402 Date Of Offense: 02/26/2012

Party Name: Disposition Information: HULVEY, KALVIN DALE Disposed: CONVICTION, 09/24/2012. Guilty Plea. Count as Disposed:UNLAWFUL POSSESSION OF CONTROLLED DRUG - METHAMPHE... More...
   $0 (09-24-2012 - OK)

Diana Lynn Frenzke v. Brian L. Jacobs

The former wife appeals from a final judgment for dissolution of marriage. She contends that the trial court erred by failing to address her claim that the Individual Retirement Accounts (IRAs) titled in her name and certain items of personal property were nonmarital assets and not subject to equitable distribution. We agree.

Section 61.075(3)(a), Florida Statutes (2010), requires a trial c... More...
   $0 (09-21-2012 - FL)

Council of San Benito County Governments v. Hollister Inn, Inc.

This case involves two consolidated actions in eminent domain brought by the Council of San Benito County Governments (COG), a joint powers authority created under a joint powers agreement between the County of San Benito, the City of Hollister, and the City of San Juan Bautista, to acquire property for the Highway 25 Bypass Project. In the eminent domain proceedings, COG sought to condemn real pr... More...   $0 (09-19-2012 - CA)

Chad H. Akin v. Don S. Castleberry

¶1 The only issue presented on appeal is whether the trial court erred in determining that title to the property was not held by adverse possession. We affirm the trial court's decision because title by adverse possession was not proven under the facts presented.


¶2 In October of 1956, Robert and Florence McKinney (collectively McKinneys) purchased the disputed real property ... More...
   $0 (09-18-2012 - OK)

Chad H. Akin v. Don S. Castleberry

¶1 The only issue presented on appeal is whether the trial court erred in determining that title to the property was not held by adverse possession. We affirm the trial court's decision because title by adverse possession was not proven under the facts presented.


¶2 In October of 1956, Robert and Florence McKinney (collectively McKinneys) purchased the disputed real property ... More...
   $0 (09-18-2012 - OK)

State of Oklahoma, ex rel. Department of Transportation v. R. Alan Blaksley

State of Oklahoma, ex rel. Department of Transportation sued R. Alan Blaksley, et al. seeking to acquired by condemnation certain rights, title and interests in real property owned by Defendants for public use.

The nature and extent of the property taken and damages to the remainder is unknown.

The Court appointed three commissioners to independently assess the damages sustained... More...
   $86000 (09-18-2012 - OK)

State of Oklahoma v. Joshua Deron Smith

The State of Oklahoma charged Joshua Deron Smith with larceny of merchandise from a retailer in violation of 21 O.S. 1731 which provides:

Larceny of merchandise held for sale in retail or wholesale establishments shall be punishable as follows:

1. For the first conviction, in the event the value of the goods, edible meat or other corporeal property which has been taken is less than F... More...
   $0 (09-17-2012 - OK)

The City of Oklahoma City v. Johnny Thompson

The City of Oklahoma City sued Johnny Thompson and Pam Thompson on a condemnation theory seeking to acquire by eminent domain certain rights, title and interests in real property owned by the Defendants.


On this 3rd day of August, 2O12,this cause coining on to be heard upon the Petition and Application of the Plaintiff for an Order Appointing Commis... More...
   $10300 (09-17-2012 - OK)

Nancy Daoud v. Whitney M. Cook

The plaintiff, Nancy Daoud, appeals from the judgment of the trial court rendered against her, following a hearing on a motion brought by the defendant, Whitney M. Cook, to compel compliance with an arbitration award requiring the plaintiff to use reasonable commercial efforts to rent office space not being used by her. On appeal, the plaintiff claims that the court improperly: (1) determined that... More...   $0 (09-16-2012 - CT)

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