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Real Property Law
Mark Bernhard v. City of Aransas Pass, Texas

This appeal arises from the granting of a plea to the jurisdiction. Appellant Mark Bernhard raises three issues on appeal: (1) the trial court erred in granting the plea to the jurisdiction; (2) his claims are not barred by the Recreational Use Statute (“RUS”), see TEX. CIV. PRAC. & REM. CODE ANN. §§ 75.001–.007 (West, Westlaw through 2013 3d
C.S.); and (3) the duty owed to him b... More...
   $0 (07-17-2014 - TX)

W. M. Roberson v. Aaron Chevalier

This is an eviction case. The county court at law, in an appeal from the justice court, determined that Aaron Chevalier had a superior right to possession of a residence. W.M. Roberson appeals the county court’s take-nothing judgment in
Chevalier’s favor, contending that the evidence is legally and factually insufficient to support it. Roberson also complains that Chevalier failed to... More...
   $0 (07-15-2014 - OK)

William B. Blaylock and Elaine C. Blaylock v. Thomas P. Holland and Kimberly Holland

This appeal concerns a trial court’s denial of an award of trial court costs to appellants William B. Blaylock and Elaine C. Blaylock (the Blaylocks). In two issues, the Blaylocks assert the trial court was without jurisdiction to exceed the prior mandate of this Court by denying the Blaylocks their trial court costs and the trial court was without discretion to deny the Blaylocks their trial co... More...   $0 (07-14-2014 - TX)

Robert S. Bennett v. Broocks Baker & Lange, L.L.P.

This appeal involves the latest chapter in a law firm’s attempts to collect on a judgment it obtained against its former partner. Robert Bennett appeals the trial court’s order appointing a receiver in the matter, contending that the order
improperly subjects his wholly-owned personal limited liability company to turnover. Finding no error, we affirm.
In August 199... More...
   $0 (07-10-2014 - TX)

Marian E. Britton, Individually and as next friend for the Unborn and Unascertained Descendants of Marian E. Britton, and George L. Murray, Trustee of the Marian E. Britton Trust v. J.P. Morgan Chase, N.A.

This appeal arises from the denial of a bill of review regarding an estate closed in 2002. Because the plaintiffs delayed in seeking the bill of review until
after the four-year statute of limitations had run and they have not demonstrated extrinsic fraud, which would toll the statute of limitations, we affirm.
Marian M. Britton died testate in 1998, leaving behind an ... More...
   $0 (07-10-2014 - TX)

The Alabama-Coushatta Tribe of Texas v. United States of America

The Alabama-Coushatta Tribe of Texas brought suit against the United States and various federal agencies alleging inter alia violations of the Administrative Procedures Act and federal common law. The district court granted the Government’s motion to dismiss for lack of subject matter jurisdiction. Because we hold that the Tribe has failed to allege “agency action” sufficient to meet the sta... More...   $0 (07-09-2014 - TX)

Fessha Taye v. Carol Veres Reed

Under Code of Civil Procedure section 685.040,1 a judgment creditor is entitled to the reasonable and necessary costs of enforcing the judgment, including statutory attorney fees ―otherwise provided by law.‖ A motion to claim enforcement costs must, however, be made ―before the judgment is satisfied in full.‖ (§ 685.080, subd. (a).)
In the present case, plaintiff Fessha Taye, conserva... More...
   $0 (07-07-2014 - CA)

In the Estate of Joseph T. Marek, II deceased

After Joseph T. Marek 11 died intestate, his sister, Patricia Diane Barreld, filed an
application to declare heirship identifying herself and another brother as the decedent’s only
heirs. Debora Anderson intervened, claiming that she and Marek had an informal marriage.
After a trial before the court, the trial court determined that Anderson was Marek’s surviving
spouse and awar... More...
   $0 (07-07-2014 - TX)

Diana C. Kimble, Paula C. Hicks, John R. Hicks, Allison A. Wallace Davis, John R. Hicks, Trustee of the Richard Clark Hicks Trust, Travis N. Kimble, Trace Newman Kimble, Brady N. Kimble, Edward I. Adams, Bobbie J. Adams, Lee Hudson Murray, & Kristi Ray v. Kristopher P. Gostecnik, Wells Fargo Bank, Trustee of the Albert E. and Myrtle Gunn York Trust, and FPJ Land Company, Ltd.

This appeal is the result of a dispute between different groups of devisees who all claim to own royalties in the same property. Two groups of plaintiffs, now

Kimble v. Gostecnik Page 2

appellees, FPJ Land Company, Ltd. (FPJ) and Kristopher P. Gostecnik and Wells Fargo, trustee of the Albert E. and Myrtle Gunn York Trust (Gostecnik), sued to have the trial court construe certain ... More...
   $0 (07-03-2014 - TX)

Raj Singh v. Stephen Lipworth

A judgment entered against Raj Singh in a prior action (Super. Ct. Sacramento County, 2006, No. 00AS00602) was assigned to Stephen Lipworth, who moved successfully to amend the judgment to add certain aliases of Singh, namely Kaus Singh and Archana Singh. (Singh v. Lipworth (June 18, 2008, C053762) [nonpub. opn.].)1 Thereafter, the trial court granted Lipworth’s application for sale of certain p... More...   $0 (07-03-2014 - CA)

Inverness Village v. JaNell Enlow

¶1 Defendants/Appellants JaNell Enlow, the duly elected Assessor of Creek County, Byron Davis, the duty elected Treasurer of Creek County, the Creek County Board of Tax Roll Corrections, a Political Subdivision of the State of Oklahoma, and Intervenor Defendant/Appellant Independent School District No. 33 of Creek County, Oklahoma (individually, Assessor, Treasurer, Board and School District, or,... More...   $0 (07-02-2014 - OK)

Egna Bishop Villarreal v. Guillermo Gonzalez Guerra

This is an appeal from a bench trial. The trial court found in favor of the appellee, Guillermo Gonzalez Guerra (“Guerra”), on his claim that he owned, by adverse possession, a 266-acre tract of land in Starr County, Texas. The appellant, Egna Bishop Villarreal (“Villarreal”), argues the judgment must be reversed because the evidence is legally and factually insufficient to support the tri... More...   $0 (07-02-2014 - TX)

United States of America v. Lawrence H. Dorman a/k/a “Howie”

Tampa, FL– U.S. District Court Judge Susan C. Bucklew today sentenced Lawrence H. Dorman a/k/a “Howie” (43, Lakeland) to sixteen years in prison for production of child pornography. In addition to his prison term, Dorman forfeited a blue Ford truck, electronic media, and his interest in real property located at 3127 Gardner Place, in Lakeland, Florida. Dorman pleaded guilty on December 3, ... More...   $0 (07-01-2014 - FL)

Jessica Briones v. Brazos Bend Villa Apartments

Appellant, Jessica Briones, appeals a forcible detainer judgment awarding appellee, Brazos Bend Villa Apartments (“Brazos Bend”), possession of the premises at issue, attorney’s fees, and court costs. Briones contends Brazos Bend presented no evidence that (1) it provided the requisite statutory notice to vacate before filing the forcible detainer action, and (2) it was eligible to recoverMore...   $0 (07-01-2014 - TX)

City Of Seattle vs. Keith Holmquist

In 1926, two individuals signed real estate installment contracts, a form of executory contract, to purchase properties on Lake Washington from the Puget Mill Company. In 1932, while both individuals were still making timely installment payments, the King County Board of Commissioners vacated the street separating the two properties. The timing of the street vacation is what has, 80 years later, l... More...   $0 (07-01-2014 - )

Roger Seherr-Thoss, D/B/A Rst Sand & Gravel And/Or Rst Excavation and Trucking v. Teton County Board of County Commissioners and Teton County Planning Director

[¶1] On June 7, 2010, Appellee, the Teton County Board of County Commissioners
and Teton County Planning Director (“Teton County” or “County” or “Planning
Director”),1 issued a Notice to Abate to Appellant Roger Seherr-Thoss (“RST”). The
County found that RST’s gravel business violated the County’s Land and Development
Regulations (“LDRs”) because the busin... More...
   $0 (06-29-2014 - )

Robert M. Arata v. Shefco, Ltd.

¶1 This appeal involves a condition precedent in a real estate
purchase contract. The condition did not occur, and the buyer did
not complete the purchase. The district court ruled on summary
judgment that because the condition precedent benefitted the seller
Arata v. Shefco
20121028-CA 2 2014 UT App 148
alone, the seller alone could, and did, waive the condition,
trig... More...
   $0 (06-26-2014 - UT)

Terral E. Anderson v. Janet Fautin

¶1 This boundary dispute case raises a single issue concerning the application of the doctrine of boundary by acquiescence: must the claimant show active use of the land on both sides of a disputed boundary to satisfy the occupation
1. The Honorable Russell W. Bench, Senior Judge, sat by special assignment as authorized by law. See generally Utah Code Jud. Admin. R. 11-201(6).
Anderson v.... More...
   $0 (06-26-2014 - UT)

Robert Samaniego v. Mary Samaniego

Appellant Robert Samaniego appeals from a final decree of divorce. On appeal, Robert raises four issues, contending he was denied his rights to Due Process and Due Course of Law under the United States and Texas Constitutions when: (1) the attorneys committed fraud; (2) the trial court divided the community property using “inaccurate property details and appraisal valuation,” rendering the jud... More...   $0 (06-25-2014 - TX)

Ken Yazel v. William K. Warren Medical Research Center

¶1 This cause (Yazel 1) and its companion case No. 111,643 Ken Yazel, Tulsa County Assessor v. The William K. Warren Medical Research Center, Inc., et al (Yazel 2), involve the dispositive issue of whether 68 O.S. 2011 §2880.1(D)1 requires a county assessor to be represented by a district attorney or by the Oklahoma Tax Commission before an appeal from the Board of Equalization may proceed to th... More...   $0 (06-24-2014 - OK)

Murray County v. Homesales, Inc.

¶1 In this appeal, we must determine whether a transfer of real property between affiliated business entities constitutes a "sale" for purposes of the Documentary Stamp Tax Act. We hold that the transfer of real property between affiliated corporations or transfers on behalf of the beneficial owner of real property are not taxable if any consideration paid does not exceed $100.

... More...
   $0 (06-24-2014 - OK)

Utah Department of Transportation v. Michael M. Carlson

¶1 This case presents the question whether the Utah Depart-ment of Transportation (UDOT) has the authority to use the pow-er of eminent domain to condemn private property in excess of that needed for a transportation project. The condemnation at is-sue involved a fifteen-acre parcel owned by Michael Carlson. UDOT condemned the whole parcel despite the fact that it needed only 1.2 acres for its pl... More...   $0 (06-24-2014 - UT)

Barbara Buck v. The Unknown Heirs, Executors, Administrators, Devisees and Assigns of Bertha Hogshooter

Barbara Buck sued The Unknown Heirs, Executors, Administrators, Devisees and Assigns of Bertha Hogshooter, deceased, and The Unknown Heirs, Executors, Administrators, Devisees and Assigns of William Hogshooter, deceased, sought to quite title in certain real property located in Adair County, Oklahoma.

The docket entries for this case are set forth below:

06-23-2014 TEXT 1 10... More...
   $0 (06-23-2014 - OK)

Wendy Kimble v. Briana Dunaway

Comes now the Plaintiffs, WENDY KIMBLE and RON DUNAWAY, and for their cause of action against the above-named Defendants, alleges and states:
1. That the Plaintiffs, WENDY KIMBLE, RON DUNAWAY and the Defendant, BRIANA DUNAWAY, are the owners, of the fee simple title in and to and is in the peaceable and rightful possession of certain real property located in Adair County, Oklahoma, said proper... More...
   $0 (06-23-2014 - OK)

Michael Verdugo v. Target Corporation

At the request of a three-judge panel of the United States Court of Appeals for the Ninth Circuit, we agreed to address a question of state law that is potentially determinative of an appeal now pending before that federal appellate court. (Cal. Rules of Court, rule 8.548.) The question, as reformulated and narrowed to conform to the facts of the pending appeal, is whether, under California law, t... More...   $0 (06-23-2014 - CA)

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