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Real Property Law
 
Marvin B. Graham v. Bank of America, N.A.

Marvin B. Graham borrowed money to purchase a house in 2004. Approximately seven years later, he defaulted on his loan and received a notice of sale. Graham filed this action to halt foreclosure proceedings and to cancel the note. He contends the "defendants' Lending Personnel"1 made fraudulent misrepresentations or omissions by stating the appraised fair market value of his home in 2004 was "incr... More...   $0 (05-25-2014 - CA)

United States of America v. Gary Joseph Conti

The United States Attorney's Office announced that on May 22, 2014, a federal jury found GARY JOSEPH CONTI, 68, of Three Forks, guilty on 26 of 27 felony charges relating to his role in deceiving the government in an "in-kind" scheme that auditors have determined resulted in at least $4.6 million in fraud against a grant designed to help troubled and at-risk youth on the Blackfeet Indian Reservat... More...   $0 (05-23-2014 - MT)

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 (05-22-2014 - UT)

In Re: Construction Supervision Services, Inc.

Generally, after a debtor files a bankruptcy petition, 11 U.S.C. § 362(a)(4) provides for an automatic stay of any attempts by creditors to collect on their claims against the debtor. But exceptions exist, including an exception under Section 362(b)(3) for “any act to perfect, or to maintain or continue the perfection of, an interest in property to the extent that the trustee’s rights and pow... More...   $0 (05-22-2014 - NC)

Texas Department of Transportation v. Teresa Renee Abila Lopez

This case arises from a vehicle accident in which a motorist struck and killed a tow-truck driver who was working to upright a Budget Rental moving truck. The truck rolled over and was in the median of Interstate Highway 20 at the time of the accident.

Appellees Teresa Renee Abila Lopez, individually and as next friend of Gabriella Jolie Abila Lopez, a minor child; Rachel Lopez, individuall... More...
   $0 (05-22-2014 - TX)

In the matter of the Estate of J.L. Beasley, deceased

Kelly Ashworth Stovall, Appellant, appeals the final judgment entered by the assigned statutory probate judge, the Honorable Robert E. Price, who construed the Last Will and Testament of J.L. Beasley. Judge Price held that J.L. intended to give Appellant 80 acres located on the east side of the western half of the 320-acre tract of land, but not the house or barn located on the 320-acre tract. App... More...   $0 (05-22-2014 - TX)

Virginia Roe Burns v. Denis Lyons Burns

In this divorce proceeding, the trial court made findings of fact and conclusions of law after a two-day bench trial and rendered a final decree of divorce. In the decree, the trial court divided the marital estate, awarded a reimbursement to the separate estate of appellee Denis Lyons Burns, and burdened specific separate property of appellant Virginia Roe Hinton1 with an equitable lien to secure... More...   $0 (05-22-2014 - TX)

SHC Half Moon Bay v. County of San Mateo

“[T]he California Constitution requires generally the assessment of property at ‘fair market value’ . . . [A]ssessors have a constitutional mandate to tax all property at fair market value if not exempt under federal or state law.” (See Elk Hills Power, LLC v. Board of Equalization (2013) 57 Cal.4th 593, 606-607 (Elk Hills).) “Intangible assets and rights are exempt from taxation and . .... More...   $0 (05-22-2014 - CA)

Cherrity Wheatherford v. City of San Rafael

Plaintiff Cherrity Wheatherford filed a complaint challenging the enforcement practices of defendants the City of San Rafael and the County of Marin with respect to the impoundment of vehicles. She claimed she had standing to bring the action as a resident taxpayer. However, she conceded that she had not paid any property taxes. The trial court entered a stipulated judgment of dismissal. We agree ... More...   $0 (05-22-2014 - CA)

Keely Rae Johnson Fuentes v. Mary L. Tillett

2 This consolidated appeal involves interrelated judgments in two separate
3 actions concerning a conservatorship for Allison Fuentes. The first action, the
4 conservatorship proceeding, was commenced in 1999 in the probate court after the death
5 of Allison's mother; Allison's aunt, Mary Tillett, was appointed conservator and guardian
6 ad litem for Allison. In 2008, Allison's sis... More...
   $0 (05-21-2014 - OR)

Roger Brecheen, M.D. v. Maura Lofaro, M.D.

Plaintiffs Roger Brecheen, M.D., his wife, Kathy Watkins-Brecheen, and Jackson
Hole Ob-Gyn, P.C., a professional corporation formed by Brecheen, filed this action
asserting a host of federal and state claims arising out of Brecheen’s eviction from an
office building in Jackson, Wyoming. Among those were two claims asserted under 42
U.S.C. § 1983, one for deprivation of Brecheenâ... More...
   $0 (05-21-2014 - WY)

Frank Pyrtle, III v. Ashanti Johnson Pyrtle

In the trial court below, appellee Ashanti Johnson Turner1 sought “enforcement” of an agreed final decree of divorce respecting her and appellant Frank Pyrtle, III. The trial court granted, in part, the relief requested by Turner. In five issues on appeal, Pyrtle challenges the portions of the trial court’s order (1) awarding Turner a money judgment in the amount of $88,400 plus interest for... More...   $0 (05-19-2014 - TX)

W&W El Camino Real, LLC v. Victoria Fowler, as Trustee, etc.

Plaintiff and appellant W&W El Camino Real, LLC (W&W) sued its upslope neighbor, defendant and respondent Victoria Fowler, trustee of the Fowler Revocable Living Trust (Fowler), for property damages after a January 2010 severe rainstorm flooded the property currently owned by W&W with water, mud and debris over the course of several

2

hours, and which W&W contends originated from Fow... More...
   $0 (05-16-2014 - CA)

Douglas C. Dillion and Molly R. Dillon v. Southern Management Corporation Retirement Trust, et al.

¶ 1 Southern Management Corporation Retirement Trust (SMCRT) seeks review of the district court’s grant of summary
* The court has added ¶ 61 and altered ¶ 62 to address appellees’ request for attorney fees on appeal.
DILLON v. SOUTHERN MANAGEMENT
Opinion of the Court
judgment in favor of Douglas C. and Molly R. Dillon. The district court determined that the trust deed encum... More...
   $0 (05-13-2014 - UT)

Dallas County, et al v. Bobby E. Sides, et al

The County of Dallas, the City of Grand Prairie, the Grand Prairie Independent School District, the Dallas County Community College District, the Parkland Hospital District, and the Dallas County School Equalization Fund (collectively, the “Taxing Authorities”) appeal the trial court’s Order Relating to Excess Proceeds. The order awarded appellees excess proceeds from the Taxing Authoritiesâ... More...   $0 (05-09-2014 - TX)

JUAN JESUS CANTU AND MARIA YOLANDA CANTU v. ZAR-MAT PROPERTIES, A TEXAS GENERAL PARTNERSHIP, JOSE RUBEN MATA AND ZARAGOSA HINOJOSA JR.

Appellants, Juan Jesus Cantu and Maria Yolanda Cantu, complain in this appeal of a November 30, 2009 order granting summary judgment in favor of appellees, Zar-Mat

2

Properties, a Texas General Partnership, Jose Ruben Mata, and Zaragosa Hinojosa, Jr. (collectively Zar-Mat), on the Cantus’ claims that Zar-Mat violated the Truth in Lending Act (TILA) by failing to provide them with t... More...
   $0 (05-08-2014 - TX)

James J. Naples v. M. Mark Lesher and wife, Rhonda Long Lesher

The alliance of James J. Naples, M. Mark Lesher, and Ramchandra Gurav soured when Naples accused Lesher of selling the timber on their jointly-owned property and also of keeping more than his share of the proceeds generated from the property’s mineral income. Consequently, Naples sued Lesher for damages.

Lesher filed motions for summary judgment as to all of Naples’ and Gurav’s clai... More...
   $0 (05-08-2014 - TX)

Kimberly Brooks v. Shawn Brooks

Kimberly Brooks appeals the trial court’s order confirming that she owed $1,276 in child support arrears and clarifying that she must pay the 50% of the non-mortgage debt that she was ordered to pay in the divorce decree directly to the creditors on a monthly basis. We affirm the trial court’s order. CHILD SUPPORT ARREARAGE

In her first issue, Kimberly contends the trial court lacked ju... More...
   $0 (05-07-2014 - TX)

Glenhurst Homeowners Association, Inc. v. XI Family Trust

¶1 Glenhurst Homeowners Association ("HOA") filed an action against Xi Family Trust and Xiang Yu Ren ("homeowner"), for breach of real property covenants. The HOA's Petition argued that the covenant for the Glenhurst Addition required all houses built in the neighborhood to have roofs that were the weathered wood color.1 After a hail storm in 2010, homeowner hired a contractor to replace his roof... More...   $0 (05-06-2014 - OK)

The University of Texas Health Science Center at Houston v. Teresa McQueen and Clarence McQueen, Jr.

In this health care liability case, appellant the University of Texas Health Science Center at Houston (“UTHSCH”) challenges on interlocutory appeal the trial court’s denial of its plea to the jurisdiction based on sovereign immunity in favor of appellees Teresa McQueen and Clarence McQueen. Concluding that the trial court erred when it denied UTHSCH’s plea to the jurisdiction, we reverse ... More...   $0 (05-06-2014 - TX)

In the Matter of the Marriage of Valarie Delaine O'Brien and Richard Eldon O'Brien

Appellant Valerie O’Brien contests the division of property contained in the final decree of divorce dissolving her marriage to appellee Richard O’Brien. In four issues, Valerie contends the trial court erred in (1) assigning a $32,000 community debt entirely to Valerie, (2) denying Valerie credit for the community estate’s payment of storage fees related to Richard’s separate property dur... More...   $0 (05-06-2014 - TX)

Martin E. and Mary E. McGonagle v. Stewart Title Guaranty Company, et al

Martin E. McGonagle, M.D. and his wife, Mary E. McGonagle appeal the trial court’s summary judgment on their claims against Stewart Title Guaranty Company and Stewart Title Company d/b/a Central Texas Title for breach of contract, negligence, gross negligence, and violations of the Texas Insurance Code and Texas Deceptive Trade Practices Act. Bringing three issues, the McGonagles generally conte... More...   $0 (05-06-2014 - MO)

James P. Murphy v. Reed William

This case involves claims of tortious interference and the Real Estate License Act (“RELA”). In two issues, James Murphy, a licensed real estate broker, asserts the trial court erred in granting summary judgment in favor of Reed Williams because RELA does not preclude his tortious interference claims and he raised a fact issue on these claims. Because Williams is not a licensed broker and did ... More...   $0 (05-06-2014 - TX)

Tallgrass Pony Express Pipeline, LLC v. Randall John and Mary Ann Wedel

Tallgrass Pony Express Pipeline, LLC v. Randall John and Mary Ann Wedel

Issue # 1.
Issue: CONDEMNATION (CONDEMN)
Filed by: Tallgrass Pony Express Pipeline LLC
Filed Date: 07/02/2013
Party Name: Disposition Information:

Plaintiff: Tallgrass Pony Express Pipeline LLC
Disposed: FINAL ORDER, 05/01/2014. Non-Jury Trial.

Plaintiff: Tallgrass Pony Ex... More...
   $16000 (05-02-2014 - OK)

Tanglewood Homes Association, Inc. v. Stewart A. Feldman, Marla B. Feldman, and Miichael T. Kelly, Trustee

These consolidated appeals arise out of a protracted dispute between Stewart and Marla Feldman and Tanglewood Homes Association, Inc. over the Feldmans’ desire to expand their home. When the Association rejected the Feldmans’ expansion plans as a violation of the Tanglewood Deed Restrictions, the Feldmans filed suit. Michael T. Kelly, the trustee for a trust that owned the adjacent lot, interv... More...   $0 (05-02-2014 - tx)

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