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Real Property Law
State of Oklahoma v. Chance Ethan Oswalt

State of Oklahoma v. Chance Ethan Oswalt

Count # 1.
Count as Filed: DU8I, UNLAWFUL POSSESSION OF CONTROLLED DRUG , in violation of 63 O.S. 2-402 which provides:

A. 1. It shall be unlawful for any person knowingly or intentionally to possess a controlled dangerous substance unless such substance was obtained directly, or pursuant to a valid prescription or order fr... More...
   $0 (07-31-2014 - OK)

Delores Escobar, Individually, as Representative of the Estate of Luis Manuel Escobar, and as Next Friend of Luis Alberto Escobar, a Minor v. Harris County, Texas and Eric Goodney

Following an attempted traffic stop, Luis Manuel Escobar fled in his car from Harris County Sheriff’s Deputy Eric Goodney. At the end of the pursuit, Luis was shot and killed as he ran from the scene. This lawsuit was brought by Luis’s
mother, alleging that his death resulted from the unlawfully excessive use of force by Deputy Goodney.
Appellant Delores Escobar sued appellees Ha... More...
   $0 (07-31-2014 - TX)

Kenneth Mark Dorrough v. John Murray Faircloth and Helen Bowen

In response to a complaint that Appellee John Faircloth was interfering with others’ right to fish, Appellant Kenneth Mark Dorrough, a deputy game warden, entered Faircloth’s lakefront property. He saw Appellee Helen Bowen, Faircloth’s wife, questioned her briefly, and then questioned Faircloth. After a heated verbal exchange between Faircloth and Dorrough, Appellees sued Dorrough alleging s... More...   $0 (07-30-2014 - TX)

Phillip C. Watrous, Individually, and as Trustee Under the Watrous Family Living Trust v. The State of Texas

The State of Texas sued Phillip C. Watrous, individually and as trustee under the
Watrous Family Living Trust (Watrous), alleging that he violated the Texas Local Government Code
by failing to plat property located in Cameron County that he subdivided for residential use (the
Property). See Tex. Loc. Gov’t Code §§ 232.021-.043 (subdivision platting requirements for
counties nea... More...
   $0 (07-30-2014 - TX)

BBP Sub I LP v. John Di Tucci

Appellant BBP Sub I LP (BBP) appeals the trial court’s amended summary judgment awarding appellee John DiTucci (DiTucci) attorney’s fees pursuant to the Texas Theft Liability Act (TTLA). We affirm the trial court’s judgment.
In July 2010, BBP entered into an agreement to lease commercial real property in Austin, Texas to U.S. Courier and Logistics, L.P. (USC). The lease co... More...
   $0 (07-29-2014 - TX)

Vickey Jordan-Nolan v. Jimmy Dale Nolan

Appellant, Vickey Jordan-Nolan, brings this appeal complaining of the trial court’s Final Decree of Divorce rendered in Jimmy Nolan’s suit for divorce. Presenting three issues, she asserts the trial court abused its discretion in (1) failing to grant a continuance when her attorney withdrew the day before the final hearing resulting in a denial of due process and an unfair division of the comm... More...   $0 (07-28-2014 - TX)

Harstan LTD, a Texas Limited Partnership, and TBI, Inc., General Partner of Harstan, LTD. v. Si Kyu Kim, Individually, and Sarah Kyung-Al Kim, Individually

In this statutory fraud action involving the “as is” sale of commercial real property,
Harstan, Ltd. and TBI, Inc., (collectively, “Harstan”) appeal the trial court’s judgment in favor of
Si Kyu Kim and Sarah Kyung-Al Kim (collectively, “the Kims”). In three issues, Harstan
argues that the “as is” nature of the sale precludes the Kims from recovering on their claim an... More...
   $0 (07-25-2014 - TX)

The People v. Jeffrey Allen Whitmer

Defendant, the manager of a motorcycle dealership, arranged for the fraudulent sales of vehicles to fictitious buyers. A jury convicted him of 20 counts of grand theft for 20 separate fraudulent sales. We must decide whether defendant was properly convicted of a separate theft for each vehicle fraudulently sold, or whether he could be convicted of only one count of grand theft because all of the s... More...   $0 (07-24-2014 - CA)

Office of Attorney General v. Kimberly Ann Parks-Cornelius

The Office of the Attorney General of Texas (OAG) appeals from a default judgment rendered in favor of Kimberly Ann Parks-Cornelius in her suit to recover past due child support. OAG contends the trial court’s judgment should be reversed because there is error apparent on the face of the record. We reverse and render.
Parks-Cornelius’s ex-husband was ordered to pay child sup... More...
   $0 (07-23-2014 - TX)

Doyle Anderton v. E. Douglas Lane, Doris S. Lane, Larry D. Lane, Teri L. Lane, Kelly L. Lane and Lisa K. Lane

Doyle Anderton appeals the trial court’s judgment in favor of E. Douglas Lane, Doris S. Lane, Larry D. Lane, Teri L. Lane, Kelly L. Lane, and Lisa K. Lane (collectively referred to as “Lane”), stemming from Lane’s trespass to try title suit. In a single issue on appeal, Anderton contends no legally sufficient evidence supports the trial court’s finding that Lane adversely possessed a por... More...   $0 (07-23-2014 - TX)

United States of America v. James "Assi" I. Jariv and Nathan "Nati" Stoliar

Las Vegas, NV - Nathan Stoliar, 64, of Australia, pleaded guilty in federal court in Las Vegas today to five felonies for his role in multiple schemes, worth in excess of $41 million, to generate fraudulent biodiesel credits and to export biodiesel without providing biodiesel credits to the United States as required by law.

Stoliar and another defendant had been charged in January 2014 i... More...
   $0 (07-22-2014 - NV)

United States of America v. Craig A. Howell

Michael J. Moore, United States Attorney for the Middle District of Georgia, announced today that Craig A. Howell, 53, of Sylvester, Georgia, was sentenced to serve 12 months in federal prison for making false statements to a federally insured financial institution. The sentence was handed down by the Honorable W. Louis Sands, United States District Court Judge, in Albany, Georgia.
... More...
   $0 (07-21-2014 - GA)

Robert J. & Marilyn Green v. City of Dallas

Robert J. Green and Marilyn Green appeal from a summary judgment in favor of the City of Dallas on the Greens’ bill of review in which they challenged a default judgment rendered against them. For the following reasons, we affirm the trial court’s judgment. We issue this memorandum opinion because the issues are settled in law. TEX. R. APP. P. 47.2(a), .4.
In April 1992 the... More...
   $0 (07-21-2014 - TX)

Olive Lane Industrical Park, LLC v. County of San Diego

Olive Lane Industrial Park ("Olive Lane") owned real property that was taken by eminent domain. Within four years after the eminent domain order, Olive Lane acquired
another parcel of property.1 About five and one-half years after the eminent domain order, for purposes of calculating property taxes on its new property, Olive Lane filed a request with the San Diego County tax assessor (Co... More...
   $0 (07-18-2014 - CA)

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)

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