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Real Property Law
 
Doug Crownover and Karen Crownover v. Mid-Continent Casualty Company

Doug and Karen Crownover contracted with Arrow Development, Inc. (“Arrow”) to construct a house for them. Arrow performed defective work and then failed promptly to correct the work. The Crownovers spent a significant amount of money paying to correct the work themselves. An arbitrator found Arrow liable to the Crownovers for breaching its express warranty to repair non-conforming work and awa... More...   $0 (10-29-2014 - TX)

AAA Glass & Mirror of Tulsa v. Manhattan Construction Company

COMES NOW, Plaintiff, AAA Glass & Mirror of Tulsa. (“AAA”) and for its causes of action against Defendants, Manhattan Construction Company (“Manhattan”), Bob Jack, a managing officer of Manhattan (“Jack”) and Federal Insurance Company (“FIC”) alleges and states:
1. AAA is a general partnership doing business in and around Tulsa County, Oklahoma.
2. Upon information and beli... More...
   $0 (10-28-2014 - OK)

AEP Oklahoma Transmission Company, Inc. v. Chester L. Eaton, et al.

COMES NOW the Petitioner, AEP OKLAHOMA TRANSMISSION COMPANY, INC. (AEP), an Oklahoma corporation, by its attorneys, and respectfully states and shows to the Court:
I.
That AEP is a corporation, duly organized, existing and doing business under and by virtue of the laws of the State of Oklahoma, fully authorized and qualified to engaged in the transmission and distribution of electrical ene... More...
   $0 (10-23-2014 - OK)

United States of America v. Herminio Harro Sandoval

BOISE, ID - Herminio Harro Sandoval, 60, of Caldwell, Idaho, was sentenced to 46 months in prison for conspiracy to attempt to evade and defeat tax, U.S. Attorney Wendy J. Olson announced. United States District Judge Edward J. Lodge also ordered Sandoval to serve three years of supervised release following his prison sentence. He pleaded guilty on August 12, 2014.

According to court docu... More...
   $0 (10-23-2014 - ID)

MCT Energy, Ltd. v. Kevin Collins, Executor and Beneficiary of the Estate of Linda Lou Collins

We are asked to resolve a dispute regarding whether Kevin Collins, as the executor and beneficiary of the estate of Linda Lou Collins, (Collins) owns a 1.974% working interest in two particular oil and gas leases. Collins commenced an action against MCT Energy, Ltd. (MCT), seeking a declaratory judgment pronouncing that he owned such an interest. So too did he allege causes of action sounding in f... More...   $0 (10-21-2014 - TX)

Joanne Holman Stine v. Monica Dell'Osso

Joanne Holman Stine (Stine), the conservator of Donna L. Davis (Donna), brought this malpractice action against Monica Dell’Osso and Burnham Brown, APC (Attorneys), for alleged dereliction in representing the prior conservator, David B. Davis III (David). David is Donna’s son, and was removed as conservator after allegedly misappropriating over one million dollars in assets from the conservato... More...   $0 (10-17-2014 - CA)

El Reno Housing Associates v. E. Allen Cowen, II

¶1 Judgment Debtor E. Allen Cowen II appeals the trial court's September 13, 2013, order denying his motion for the release of a judgment lien held on his property by Judgment Creditor El Reno Housing Associates Limited Partnership. Judgment Debtor alleged Judgment Creditor had failed to timely file a renewal of judgment lien within five years of obtaining the judgment. The trial court found the ... More...   $0 (10-15-2014 - OK)

Luke Aaron Frazier and Connie C. Frazier v. Richard Goszczynski

Luke Frazier and his mother, Connie Frazier, took real property owned by Richard
Goszczynski without his consent. The scheme the Fraziers contrived to acquire the
property is based on a twisted and distorted view of the law of adverse possession under
color of title. After the Fraziers took possession of the property, the trial court ousted
them by entering a judgment quieting titl... More...
   $0 (10-10-2014 - FL)

Lunada Biomedical v. Laura Nunez

Attorneys for a consumer served on a company a notice required for damages under the Consumer Legal Remedies Act, Civil Code section 1750 et seq. (CLRA), setting forth alleged violations of the CLRA and demanding action. The company then brought a declaratory relief action against the consumer and her attorneys seeking a declaration that it had not violated the CLRA. The consumer and the attorneys... More...   $0 (10-09-2014 - CA)

Jae Kim, Fannin Food Mart, Inc., and the Real Property Known as 2111 Fannin Street v. The State of Texas

The State of Texas brought an action against Jae Kim, Fannin Food Mart, Inc., and The Real Property Known as 2111 Fannin Street (collectively, “the Fannin Parties”), asserting a common nuisance claim. The State obtained a permanent injunction against the Fannin Parties aimed at reducing crime occurring
2
on and around the property. In six issues, the Fannin Parties assert (1) the evide... More...
   $0 (10-09-2014 - tx)

Occupy Nashville, et al. v. William Haslam, et al.

In October 2011, a group of protesters calling themselves
“Occupy Nashville” established an around-the-clock presence on the Nashville War Memorial
Plaza (the “Plaza”) in Nashville, Tennessee, with the aim of bringing attention to disparities in
wealth and power in the United States.1 Occupy Nashville v. Haslam, 949 F. Supp. 2d 777, 785
(M.D. Tenn. 2013). After several week... More...
   $0 (10-08-2014 - TN)

Luani Plaza, Inc. v. Michael Burton d/b/a Burton Family Partnership

This is an appeal from a final judgment rendered after a bench trial,
resolving disputes between Dr. Michael Burton, the owner of two units in Luani
Plaza in the City of Key West, Florida, and Luani Plaza, Inc., the business owner’s
association (the “Association”) which administers the common areas of Luani
Plaza. We summarily affirm the well-reasoned final judgment of the tr... More...
   $0 (10-08-2014 - FL)

King Ranch, Inc. v. Roel Garza, Cynthia Garza, JS Trophy Ranch, LLC and Los Cuentos, LLC

This appeal arises from a dispute over a boundary line established in an 1891 Deed of Exchange between Henrietta M. King, predecessor-in-interest to appellant King Ranch, Inc., and Luciano Garcia, et al., predecessors-in-interest to appellees Raul Garza, Cynthia Garza, JS Trophy Ranch, LLC, and Los Cuentos, LLC (“the Garzas”). King Ranch contends that the boundary line is a straight line north... More...   $0 (10-08-2014 - TX)

United States of America v. Mohamad Abduljaber

GRAND RAPIDS, MICHIGAN – U.S. District Judge Robert Holmes Bell sentenced Mohamad Abduljaber, 50, of Okemos, Michigan to three and a half years of imprisonment on charges of receipt of health care kickback payments and falsifying an income tax return, U.S. Attorney Patrick Miles announced today.

The convictions arise from an Indictment which charged that between January 2004 ... More...
   $0 (10-06-2014 - MI)

Joseph Adinolfe v. United Technologies Corporation d/b/a Pratt & Whitney

These consolidated appeals concern the dismissal with prejudice, under Federal Rule of Civil Procedure Rule 12(b)(6), of the second amended complaints filed in two related toxic tort cases asserting common-law and statutory claims under Florida law. Given the posture of these appeals, one would have expected the parties’ briefs to focus exclusively on whether the allegations in the complaints st... More...   $0 (10-06-2014 - FL)

United States of America v. Mohamad Abduljaber and Dr. Shannon Wiggins

Grand Rapids, Michigan - Office Manager and Husband of Lansing Area Doctor Sentenced to Prison for Accepting Kickbacks and for Not Reporting to the IRS Income from Medical Marijuana Certification

U.S. District Judge Robert Holmes Bell sentenced Mohamad Abduljaber, 50, of Okemos, Michigan to three and a half years of imprisonment on charges of receipt of health care kickback payments and f... More...
   $0 (10-06-2014 - MI)

In the Estate of Henrietta Cannon Stone, Deceased

The Probate Code, now the Estates Code, provides a detailed procedure for the sale of an estate’s property by a dependent administrator or executor. That was done in this case. The administratrix of Henrietta Stone’s estate found one buyer for a portion of the Estate’s property, and after a delay, found another buyer for the same property. The delay worked to the benefit of the Estate. A hea... More...   $0 (10-02-2014 - TX)

United States of America v. Martin A. Pool and Armand R. Franquelin

SALT LAKE CITY, UT - Martin A. Pool, age 44, of Atlanta, Georgia, and Armand R. Franquelin, age 57, of Liberty, Utah, pleaded guilty to securities fraud and money laundering Wednesday afternoon in U.S. District Court in Salt Lake City. Pool and Franquelin were charged in a three-count felony information filed in April.

As a part of a plea agreement reached with federal prosecu... More...
   $0 (10-02-2014 - UT)

Jamshid Najah v. Scottsdale Insurance Company

Appellants Jamshid Najah and Mark Akhavain sold a commercial property, taking back as partial payment a promissory note secured by a second deed of trust. When the borrower fell into default and the holder of the first deed of trust commenced foreclosure proceedings, appellants purchased from the senior lender the promissory note secured by the first deed of trust and took assignment of that trust... More...   $0 (09-30-2014 - CA)

Dennis A. Thomas and Debra A. Thomas v. The Unknown Heirs, Successors, and assigns of Charlyne P. Windham, Deceased

Yukon, Canadian County, Oklahoma - Dennis A. Thomas and Debra A. Thomas sued The Unknown Heirs, Successors, and assigns of Charlyne P. Windham, Deceased on a quite title theory alleging:

COME NOW, the Plaintiffs, pursuant to the Nonjudicial Marketable Titles Procedures Act, 12 OS. § 1141, and for cause of action against the Defendants alleges and states:
1. That Plaintiffs are the ow... More...
   $0 (09-26-2014 - OK)

Jeffrey Cooper v. Lavely & Singer

In the underlying arbitration proceeding, the arbitrator initially issued a “Final Award” denying a request for an award of attorney fees by respondent Lavely & Singer Professional Corporation (L & S). The arbitrator later modified the Final Award to include a fee award, and issued a “Revised Final Award.” Appellant Jeffrey Cooper challenges the trial court’s confirmation of the Revised ... More...   $0 (09-26-2014 - CA)

Hanh Nguyen v. Western Digital Corporation

In this case, we determine which statute of limitations applies to an action alleging pre-birth injuries due to exposure to hazardous materials or toxic substances that occurred more than 20 years ago. Plaintiff Hanh Nguyen (sometimes Plaintiff) contends that such claims are subject to the two-year limitations period in Code of Civil Procedure section 340.8 for actions “for injury or illness bas... More...   $0 (09-25-2014 - CA)

Clarence Stumhoffer, Heir of the Estate of Robert Brian Stumhoffer, Deceased v. Daniel Perales and Erin Perales

Appellees, Daniel and Erin Perales (collectively, “Perales”), sued the appellant, the independent administrator and heir of the Estate of Robert Brian Stumhoffer (“the Estate”), seeking to recover attorney’s fees and costs incurred in
2
defending an adverse claim to title on real property sold to Perales by Robert Stumhoffer, decedent. In a single issue, the Estate challenges the... More...
   $0 (09-25-2014 - TX)

Bank of America, N.A. v. Unknown Successors of Sarah Jane Lewis

¶1 Bank of America, N.A. (Bank), appeals the judgment of the district court that Bank's mortgage did not include a strip of land claimed by Padgett Development Company, LLC (PDC). Bank also appeals the court's fee award to PDC as a prevailing party in Bank's foreclosure action. We affirm the decisions of the district court.

BACKGROUND

¶2 The relevant facts begin in July 1976, w... More...
   $0 (09-23-2014 - OK)

Tom Handle v. Virginia Fishinghawk, et al.

Stilwell, Adair County, Oklahoma - Tom Handle sued Virginia Fishinghawk on a quite title theory alleging:

COMES NOW the Plaintiff, Tom Handle, and for cause of action against the Defendant, alleges and states:
1. That the Plaintiff is an owner of and in actual possession of the following described real property situated in Adair County, Oklahoma, to wit:
NE NE NW; N2 SE NE NW, Sec... More...
   $0 (09-23-2014 - OK)

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