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Real Property Law
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)

United States of America v. David Young

SALT LAKE CITY - An individual who pled guilty to disclosure of procurement information and money laundering in connection with a procurement fraud case involving a military contract for services in Afghanistan has been sentenced to 42 months in federal prison.

U.S. District Judge Tena Campbell, who imposed the sentence, ordered David Young, age 51, of Hernando Beach, Florida,... More...
   $0 (06-22-2014 - )

Parker County Appraisal District v. James D. Francis

This is a property tax appeal from a judgment following a bench trial on stipulated facts. The primary issue we address is whether under the Texas Tax Code a tract of real property may qualify for the residence homestead exemption and the open-space land valuation at the same time. See Tex. Tax Code Ann. §§ 11.13, 23.51 (West Supp. 2013). Because we hold that—based on the


narro... More...
   $0 (06-19-2014 - TX)

Spanish Court Two Condominium Association v. Lisa Carlson

¶ 1 This appeal arises out of a forcible entry and detainer action filed by a condominium association against one of its unit owners based on unpaid assessments. At issue is whether an association’s purported failure to repair or maintain the common elements is germane to the proceeding, and thus may be raised by the unit owner in defense of the forcible action. We hold that it is not germane t... More...   $0 (06-19-2014 - IL)

Joseph Pierce v. Steve McMullen and Highland Financial, LLC

This is an appeal out of Kootenai County from a judgment dismissing Mr. Pierce’s complaint seeking damages he sustained in what he contended was a foreclosure scam. Only Mr. McMullen, a Defendant, appeared in the action, but he did not deny the allegations of wrongdoing in the complaint. When Mr. McMullen failed to appear at the trial, the district court ordered that he was in default, that Mr. ... More...   $0 (06-17-2014 - ID)

Mid-Continent Casualty Co. v. Circle S. Feed Store

I&W, Inc. owned a solution mining operation in Carlsbad, New Mexico. Its operations formed a cavern under its own property, which grew so large it infringed upon the subsurface property of the nearby Circle S Feed Store, LLC.

This cavern, in turn, caused subsidence and damages to Circle S’s surface property. A New Mexico state court found I&W negligent and liable for damages its solution ... More...
   $0 (06-17-2014 - NM)

Mohamad Mooti and Ilham Elsaleh d/b/a Bryan Auto Body & Auto Sales and Brazos Valley Collision Center v. Ahmad Aldirawi

Appellants Mohamad Mooti and Ilham Elsaleh d/b/a Bryan Auto Body & Auto Sales and Brazos Valley Collision Center appeal the trial court’s award of prejudgment interest, attorney’s fees, and costs to Appellee Ahmad Aldirawi in this partnership dissolution case. Mooti and Elsaleh complain that the trial court should have instead awarded them attorney’s fees and costs because they were the prev... More...   $0 (06-13-2014 - TX)

Jim Nebeker v. Summit County

¶1 Summit County (the County) appeals the entry of judgment in favor of Jim Nebeker on Nebeker’s negligence claim. Nebeker cross-appeals, contending that the court improperly imposed a statutory cap to reduce the judgment from $594,400.21 to $221,400. We affirm.
¶2 John Rhineer was Nebeker’s accountant prior to Rhineer’s death on November 14, 2003. Later that year, Wells... More...
   $0 (06-12-2014 - UT)

Jason Barnett v. Charles Michael Havard Jr.

Appellant Jason Barnett appeals the trial court’s judgment in favor of appellee Charles Michael Havard Jr., which declared the scope of an easement and the respective rights of Barnett as owner of the servient estate and Havard as owner of the dominant estate. Barnett challenges the trial court’s interpretation of the express easement and the trial court’s dismissal of his trespass and negli... More...   $0 (06-12-2014 - TX)

Patricia Cantu v. Frye & Associates, P.L.L.C., Phyllis R. Frye, and Salvador Benavides

After the trial court resolved this case on cross-motions for summary judgment, appellant Patricia Cantu appealed the judgment entered in favor of the appellees, Frye & Associates, PLLC, Phyllis R. Frye, and Salvador Benavidez. In


three issues, she argues that summary judgment should not have been granted as to her causes of action and that summary judgment should have been granted... More...
   $0 (06-12-2014 - TX)

In Re: Mortgage Electronic Registration Systems, Inc.

Mortgage Electronic Registration Systems, Inc.
(“MERS”), a subsidiary of MERSCORP, Inc., operates an
electronic mortgage registration system (“the MERS
System”). MERS is distinct from the MERS System. The
MERS System is a private electronic database that records the
ownership of and servicing rights in home loans. Various
financial institutions are members of the ME... More...
   $0 (06-12-2014 - AZ)

Andy Inman v. Jennie Shell, Full Blood Cherokee Roll No. 27189, et al.

Andy Inman v. Jennie Shell, Full Blood Cherokee Roll No. 27189, et al.

Issue # 1.
Filed by: INMAN, ANDY
Filed Date: 04/11/2014
Party Name: Disposition Information:

Plaintiff: INMAN, ANDY
Disposed: JUDGEMENT ENTERED, 06/10/2014. Judge.

Plaintiff: INMAN, DALANA
Disposed: JUDGEMENT ENTERED, 06/10/2014. Judge.
... More...
   $0 (06-10-2014 - OK)

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