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Real Property Law
 
Khai Ngoc Tran v. Coastal Seafood & Grocery

Appellants, Khai Ngoc Tran and Hai Hoang, appeal a summary judgment granted in favor of appellee, Coastal Seafood & Grocery.1 We reverse and remand.

Background

Tran and Hoang, Lenders, sold Coastal three lots, with improvements. In the transaction, Coastal signed a note and gave Lenders a deed of trust securing payment.

2 Approximately two months later, Tran assigned his inter... More...
   $0 (02-28-2013 - TX)

Simer Singh v. Trinity Marketing & Distributing Co., Inc.

Appellant Simer Singh appeals the trial court’s denial of her petition for bill of review after a default judgment was entered against her in favor of Trinity Marketing & Distributing Co., Inc. (Trinity). Finding no error, we affirm.

BACKGROUND

Singh is the President and registered agent of Azle Fuel Mart, Inc. (Azle). Trinity filed suit against Singh, individually, and Azle on... More...
   $0 (02-28-2013 - TX)

RBS Mortgage, LLC v. Ramiro Gonzalez

RBS Mortgage, LLC appeals the trial court’s judgment, rendered after a bench trial, arguing the trial court erred by declaring a lien on real property void and enjoining foreclosure. We affirm.

BACKGROUND

In 2001, Ramiro Gonzalez Jr. (“Gonzalez”) and his then wife, Filomena Gonzalez, purchased the vacant lots at 844 S. San Joaquin St., San Antonio, Texas, that are the subject o... More...
   $0 (02-28-2013 - TX)

Manuel Artemio Garza, Jr. v. Thelma N. Garza

Appellant, Manuel Artemio Garza, Jr., individually and as next friend of S.M.G., a minor, sued appellee, Thelma N. Garza, for claims arising from a real estate transaction. In the suit, Manuel brought claims for breach of warranty of title, common law fraud, statutory fraud, deceptive trade practices, and negligent misrepresentation. After a bench trial, the trial court rendered a take-nothing jud... More...   $0 (02-28-2013 - OK)

State of Oklahoma v. Cameron Wayne Davis

The State of Oklahoma charged Cameron Wayne Davis with misdemeanor possession of controlled drug in violation of 63 O.S. Section 2-402; carrying a firearm while under the influence of drugs or alcohol in violation of 21 O.S. Section 1289.9; drving under the influence of alcohol in violation of 47 O.S. Section 11-902(A)(2) and 42 O.S. Section 11-901; and speeding violation of 47 O.S. Section 11-801... More...   $0 (02-27-2013 - OK)

Brian Ludlum v. UBS, AG

30 Plaintiffs-Appellants, four former employees of UBS AG and/or UBS Financial
31 Services, Inc., appeal from a final judgment and a postjudgment order of the District Court for
32 the Southern District of New York (Richard J. Sullivan, Judge), the first granting defendants’
33 motion to dismiss in its entirety, and the second denying plaintiffs’ motion to alter or amend the
34... More...
   $0 (02-27-2013 - NY)

Amethyst Land Co., Inc. v. James F. Terhune

{1} Appellant Amethyst Land Co., Inc. (Amethyst) and Appellees James F. Terhune and Elizabeth R. Terhune (the Terhunes) are adjoining property owners in Santa Fe County, New Mexico. For several years, access to the property now owned by Amethyst was provided by a 40-foot, non-exclusive roadway and utility easement located on the land now owned by the Terhunes. In 2001, when the Terhunes purchased ... More...   $0 (02-26-2013 - NM)

Nathan R. Baker v. David Speaks

[¶1] While a lawsuit by Appellees David and Elizabeth Speaks was pending against Rosemary and Byron Baker, the Bakers transferred two parcels of real property to their son Nathan. The original case resulted in a judgment against Byron, but a dismissal of the claims against Rosemary. Appellees’ judgment against Byron was upheld on appeal. After learning of the decision in that case, Natha... More...   $0 (02-26-2013 - WY)

Craig E. Peterson v. Wesley J. Gentillon

Appellants Lamon “Mont” and Lori Gentillon as well as Wes and Connie Gentillon (the Partnership) appeal from the district court’s order granting title to all but .34 acres of a disputed parcel of land and a 30-foot easement in favor of Craig and Janice Peterson (the Petersons) in an action to quiet title to certain portions of riparian and agricultural land in Bingham County, Idaho. In 1998,... More...   $0 (02-26-2013 - ID)

Adriana Berneike v. Citimortgage, Inc.

Adriana Berneike (Berneike) appeals the district court’s dismissal pursuant to Rule 12(b)(6) of her Real Estate Settlement Procedures Act (RESPA), Utah Consumer Sales Protection Act (UCSPA), and breach of contract claims asserted against CitiMortgage, Inc. (Citi). Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we affirm.

On January 13, 2010, Berneike faxed twenty-eight different l... More...
   $0 (02-25-2013 - UT)

Christine Helfrich v. Luke L. Adams

¶1 Christine B. Helfrich and Mary Anne Chesarek, on behalf of Carmen R. Finan’s estate and trust (collectively, Plaintiffs), appeal the trial court’s grant of summary judgment in favor of Luke L. Adams. We affirm.

BACKGROUND

¶2 Finan, Adams, and Frankie A. Emley are siblings who inherited property from their mother. Because the value of the property Adams inherited exceeded tha... More...
   $0 (02-22-2013 - UT)

Mark H. Pine v. Catherine Deblieux

In this probate case, (1) appellant Jennifer Pine challenges the trial court’s Final Judgment on Petition for Declaratory Judgment, incorporating several interim rulings related to property of the deceased, Robert Pine,1 and (2) appellant Mark Pine’s counsel challenges the trial court’s imposition of sanctions.2

We affirm the sanctions and reverse and remand the final judgment to the ... More...
   $0 (02-21-2013 - TX)

Patricia Calhoun v. Alvin Nienhuis

Patricia Calhoun appeals the summary judgment entered against her in her negligence lawsuit against Alvin Nienhuis, in his official capacity as the Sheriff of Hernando County (Sheriff). Determining that the trial court applied the wrong statute of limitations to Calhoun’s lawsuit, we reverse.

Calhoun sued the Sheriff for negligence. The complaint alleged that, while she was incarcerated a... More...
   $0 (02-20-2013 - FL)

8102 8272 S Lewis Ave Holdings, LLC v. Kay Lawson

8102 8272 S Lewis Ave Holdings, LLC sued Kay Lawson claiming:

1. This is an action to recover money due under a Lease in Tulsa County, State of Oklahoma. This Court has jurisdiction over the parties and subject matter herein.

2. Plaintiff claims that Tenant leased the real property at 8156-A South Lewis Avenue, Tulsa, OK 74137 (hereinafter referred to as the “Property”),
... More...
   $1 (02-16-2013 - OK)

Burggraf Services, Inc. v. Estate of Lidia B. Siddique aka Lidia Borja Siddique

Burggraf Services, Inc. sued Estate of Lidia B. Siddique aka Lidia Borja Siddique, Naveed Siddique and Naveed Siddique Revocable Trust on breach of contract theories claiming:

1 Burggraf is an Oklahoma corporation with its principal p1ace of business in the City of Tulsa, Tulsa County, State of Oklahoma.

2. Upon information and belief, Lidia B. Siddique was a resident of Okmulgee... More...
   $0 (02-16-2013 - )

Beth Williams v. William Carey Crutcher, II

1 {1} As a result of a settlement, a judgment was entered in favor of Plaintiff and against Defendants in Texas. Plaintiff domesticated the judgment in New Mexico pursuant to the Foreign Judgments Act (the Act), NMSA 1978, Sections 39-4A-1 to -6 (1989, as amended through 1994), and obtained a writ of execution to satisfy the judgment from property owned by one of the defendants. The district court... More...   $0 (02-15-2013 - NM)

Frederick G. Williams v. Ketchikan Gateway Borough

Fredrick Williams appeals the superior court’s decision affirming the Ketchikan Gateway Borough’s ruling that the house at 511 Stedman Street is not exempt from Ketchikan Gateway Borough taxation. In March 2002 Williams received a grant to rebuild his house from the Bureau of Indian Affairs Housing Improvement Program. Under the grant, Williams would have been required to repay the full amount... More...   $0 (02-15-2013 - AK)

Robert Lee Keller v. City of Tulsa

Robert Lee Keller sued the City of Tulsa on a governmental tort claim negligence theory claiming:

That the Plaintiff, Robert Lee Keller, is a resident of Tulsa CoĂĽnty,c Oklahoma and is the owner of ceitain real property located at 317 South 1 19th East Avenue, Tulsa, Oklahoma. II. Defendant City of Tulsa is a municipal corporation organized and existing under the laws of the State of Oklah... More...
   $8000 (02-15-2013 - OK)

Oratai Culhane v. Aurora Loan Services of Nebraska

As the millennium dawned, American financial markets soared to new heights. One of the vehicles that propelled this dizzying flight involved the bundling and securitization of residential mortgage loans. Footnote But all good things come to an end, cf. Geoffrey Chaucer, Troilus and Criseyde (circa 1374) ("There is an end to everything, to good things as well."), and it was not long before the econ... More...   $0 (02-15-2013 - MA)

Sofia Aguayo v. Michaelle Amaro

Sofia Aguayo appeals a judgment against her and in favor of Michelle Amaro, the special administrator of the Estate of Isabel Infante. Sofia1 and Amaro both sought to quiet title to real property located at 3665 Gillig Avenue in Los Angeles (the property). After a bench trial, the court determined that the property belonged to the estate on the ground that Sofia was barred from asserting adverse p... More...   $0 (02-14-2013 - CA)

Kyle West v. Christopher Manfield

Kyle West sued Christopher Manfield, J. Edward Vierheller and Mr. Ed's Auction, Inc. on negligence theories claiming:

1. Petition for probate of the will was filed on April 2,2009, and Chnstopt.er Mansfield was appomted to serve as special administrator on April 27, 2009.

2. Kyle lives m Tulsa, Oklahoma, and Marie lives m Denver, Colorado Although they are brother and sister, the... More...
   $1 (02-14-2013 - OK)

Carlos A. Puntarelli v. Susan K. Peterson

This is a divorce case. Appellant Carlos A. Puntarelli argues that (1) the trial court deprived him of his constitutional right to a jury trial on the issue of division of the parties’ marital estate, and (2) there is insufficient evidence to support various aspects of the trial court’s property division. We affirm.

BACKGROUND

Puntarelli filed an Original Petition for Divorce on ... More...
   $0 (02-14-2013 - TX)

Jason Jenkins v. Occidental Chemical Corporation

Jason Jenkins brought this action against Occidental Chemical Corporation after an acid addition machine designed by Occidental sprayed acid in Jenkins’s face, rendering him partially blind. The jury found for Jenkins on liability and damages, but the trial court entered judgment in Occidental’s favor based on two statutes of repose.1 In two issues, Jenkins argues that the trial court erred in... More...   $0 (02-14-2013 - TX)

Kenneth Bailey v. George Pataki

14 This appeal requires us to decide whether the civil
15 commitment of the plaintiffs following the expiration of their
16 sentences for sexually based criminal offenses constituted
17 violations of their procedural due process rights redressable
18 under 42 U.S.C. § 1983, and, if so, whether the defendants are
19 nonetheless entitled on the record before the district court t... More...
   $0 (02-14-2013 - NY)

Donald J. Tilton v. Anna L. Lee

2 Petitioner, in his capacity as an estate's personal representative in this
3 probate proceeding, appeals from a judgment of final distribution, arguing that the trial
4 court erroneously reduced the attorney fee award requested by petitioner in his final
accounting from $22,729.40 to $9,500.1 5 Specifically, petitioner contends that "the trial
6 court exercised its 'discretion' w... More...
   $0 (02-13-2013 - OR)

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