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Real Property Law
 
Lisa Lesko v. Theodore Stanislaw

[¶1] Theodore Stanislaw appeals from a divorce judgment entered in the District Court (Ellsworth, Mallonee, J.) dividing the parties’ marital property. He contends that the court failed to make requisite findings concerning his financial misconduct to support its judgment; that it erred when it considered his criminal conduct for purposes of dividing the property; and that its division of the m... More...   $0 (01-14-2014 - ME)

Sagebrush Resources, LLC v. Daryl Peterson

[¶1] Sagebrush Resources, LLC, appeals from a summary judgment dismissing with prejudice its action for trespass and for injunctive relief against Daryl, Larry, and Galen Peterson, determining the action was frivolous and not made in good faith, and awarding the Petersons $23,729 in attorney fees. Sagebrush argues the district court abused its discretion in deciding Sagebrush's claims were frivol... More...   $0 (01-14-2014 - ND)

Susan D. Linitz v. Lois Lynne Lintz

Defendant Lois Lynne Lintz appeals from a judgment of financial elder abuse, undue influence, breach of fiduciary duty, conversion of separate property, and constructive trust. Defendant challenges only the remedial aspect of the judgment. She argues that the probate court erred by voiding her deceased husband’s testamentary trusts and trust amendments executed after May 2005 without proof of un... More...   $0 (01-14-2014 - CA)

State of Oklahoma v. Ryan Scott Levin

Tulsa criminal defense lawyer Jerry Turster represented Ryan Scott Levin who was charged with:

Count # 1. Count as Filed: ODO, POSSESSION OF CONTROLLED DRUG WITH INTENT TO DISTRIBUTE , in violation of 63 O.S. 2-401-A1 Date Of Offense: 03/10/2012

Party Name: Disposition Informatio... More...
   $0 (01-13-2014 - OK)

City of Bixby v. Carol L. Judd, Sandra A. Judd and Tulsa County Treasurer

City of Bixby sued Carol L. Judd, Sandra A. Judd and Tulsa County Treasurer on eminent domain theories seeking to acquire by condemnation certain rights, title and interest in real property owned by the Judds for public use.

The Pre-Trail Order entered by the court for this case provided, in part, as follows:

Condenmation proceeding wherein Plaintiff is taking 6.0 acres plus improvem... More...
   $225000 (01-10-2014 - OK)

State of Oklahoma v. Kathy Jackson aka Marie Jackson, aka Levitta Jones, aka Deborah Markham, aaka Debrah Markham, aka Deborah Scott

Tulsa criminal defense lawyer Sharon K. Holmes represented Kathy Jackson aka Marie Jackson, aka Levitta Jones, aka Deborah Markham, aaka Debrah Markham, aka Deborah Scott who was charged by the State of Oklahoma with:

Count # 1. Count as Filed: LMFR, LARCENY OF MERCHANDISE FROM RETAILER... More...
   $0 (01-10-2014 - OK)

Estate of Kenneth Flournoy, Estate of Mildred Lamb, and Kathlan Flournoy v. David B. Risner and Billie Casey Risner

This suit is an appeal to set aside an award in arbitration. We affirm the trial court’s judgment. In 1994, Mildred Lamb, in her individual capacity, executed and delivered two deeds of parts of her property in Van Zandt County.1 The first of these was executed in July to her neighbors, David Risner and wife, Billie Casey Risner, and purported to convey a specific 10.163-acre portion of her call... More...   $0 (01-09-2014 - TX)

Janos Farkas v. Mortgage Electronic Registration Systems, Inc. et al

Janos Farkas brought a declaratory judgment action against Mortgage Electronic Registration Systems, Inc., as Nominee for Lender and Lender’s Successors and Assigns; Wells Fargo Home Mortgage; Wells Fargo Bank, N.A.; David Seybold; Stephen C. Porter; and Ryan Bourgeois (Appellees). Farkas brought the suit in connection with an attempted real estate foreclosure. The trial court dismissed Farkasâ€... More...   $0 (01-09-2014 - TX)

Christopher S. Mack v. M. Maureen Polsby, M.D.

Christopher S. Mack (“Christopher”), Charles T. Mack (“Chuck”), and Kathleen Mack (“Kathleen”) (collectively, “Plaintiffs”) appeal from a final order dismissing their three count complaint filed against their sister, M. Maureen Polsby, M.D. (“Dr. Polsby”). We reverse.

This appeal involves a dispute between four adult siblings as to the Charles C. Mack Revocable Trust (â€... More...
   $0 (01-08-2014 - FL)

Roy, Hirschbuhl, Barr, et al. v. Woodstock Community Trust, Inc.

¶ 1. DOOLEY, J. This case arises out of a proposed housing development in West Woodstock, Vermont. It is not the first case to come before us related to this development. In Roy v. Woodstock Community Trust and Housing Vermont PRD, 2012 VT 87, ___ Vt. ___, 60 A.3d 686, we affirmed the permits for the project granted by the town development review board and the district environme... More...   $0 (01-07-2014 - VT)

IN THE INTEREST OF THE CHILDREN OF KNIGHT

¶1 Defendant/Appellant, David Lincoln (Father), seeks review of the trial court's order awarding child support to Plaintiff/Appellee, Sara Knight (Mother), for the support of their minor child. We hold the trial court erred as a matter of law (1) in failing to deduct from Father's self-employment income the ordinary and reasonable expenses necessary to produce the income, and (2) in failing to de... More...   $0 (01-03-2014 - OK)

V. Leo Campbell v. James C. Kvamme

Leo and Kathleen Campbell (the Campbells), appeal the district court’s denial of their motion for reconsideration of the district court’s grant of summary judgment to James and Debra Kvamme (the Kvammes). The Campbells and the Kvammes own adjoining land and dispute whether a fence between their respective properties constitutes the true boundary of their land. The district court found that a l... More...   $0 (12-31-2013 - ID)

ST. MALACHY ROMAN CATHOLIC CONGREGATION OF GENESEO, ILLINOIS; STEVE BRISTOL; CONNI BRISTOL; and KEWANEE AREA UNITED WAY vs. DONNA K. INGRAM, as Executor of the ESTATE OF JAMES INGRAM, and ROBERT W. BAIRD & CO., INC.

This case requires us to decide whether a financial advisor to an individual can be sued by identified beneficiaries of the individual’s signed written estate plan when, due to the advisor’s allegedly negligent performance of his duties, those beneficiaries do not receive what they were supposed to get under the plan. We conclude the rationale of Schreiner v. Scoville, 410 N.W.2d 679, 682 (Iow... More...   $0 (12-27-2013 - IA)

Mike Emmons and Loretta Emmons v. Bobby Babak Badanfirouz, Katherine Badanfirouz and Lawrence F. Hegar Jr.

Mike and Loretta Emmons appeal the trial court’s declaratory judgment in favor of appellees Bobby Babak Badanfirouz, Katherine Badanfirouz, and Lawrence F. Hegar Jr. in a dispute over an express easement. Appellants argue the trial court erred in finding the easement did not allow them to maintain a gate on the property at issue. Finding no error, we affirm the trial court’s judgment.

... More...
   $0 (12-27-2013 - TX)

Springer Ranch, Ltd. v. O.F. Jones, III, Margaret Matthews, Ethel Matthews Rust, Ethel Matthews Rust as the Guardian/Trustee for Elizabeth Matthews, and Rosalie Matthews Sullivan

In this appeal from a declaratory judgment, we must construe a 1993 contract to determine the allocation of royalties from a horizontal well that begins on the property of the appellant, Springer Ranch, Ltd., but ends under the property of Rosalie Matthews Sullivan, one of the appellees. Our construction will also govern the allocation of royalties to future horizontal wells covered by the contrac... More...   $0 (12-22-2013 - TX)

Rebecca J. Harris v. McClary Enterprises, Inc. d/b/a Sure Shot Pest & Weed Control

Rebecca J. Harris, individually and as parent and next friend of D. Harris, C. Harris and T. Smith sued McClary Enterprises, Inc. d/b/a Sure Shot Pest & Weed Control on negligence theories claiming:

1. Plaintiffs, Rebecca J. Harris and her children, are residents of the City of Oklahoma, Oklahoma County, Oklahoma.

2. Defendant McClary Enterprises, Inc. d/b/a Sure Shot Pest & Weed... More...
   $17000 (12-20-2013 - OK)

Mary Clawson v. State of Kansas, Department of Agriculture, Division of Water Resources

In this appeal, we are called upon to answer the question of what limits exist on the exercise of state agency power by the chief engineer of the Kansas Department of Agriculture's Division of Water Resources (DWR) when the regulated activity involves a precious and increasingly scarce resource—water. Mary Clawson and the Clawson Land Partnership (Clawson) obtained 10 approvals and permits from ... More...   $0 (12-20-2013 - )

Via Christi Medical Center, Inc. v. Ivan M. Reed

Ivan Reed received life-saving medical treatment at Via Christi Regional Medical Center, Inc. (Via Christi), after his car collided with a Union Pacific Railroad train. Via Christi filed a hospital lien under K.S.A. 65-406 et seq. to collect on its bill for the services provided Reed. The lien initially purported to encumber $84,744.11 of Reed's $540,000 settlement with Union Pacific; Via Christi ... More...   $0 (12-20-2013 - KS)

Lanty Wylie and Patricia Wylie v. Hide-a-Way Lake Club, Inc. and Hide-a-Way Lake Community Church

Lanty Wylie and Patricia Wylie appeal the trial court’s orders denying their motion for summary judgment and granting Appellees, Hide-A-Way Lake Club, Inc.’s and Hide-A-Way Lake Community Church’s, respective motions for summary judgment as well as its awards of attorney’s fees to Appellees. The Wylies raise six issues on appeal. We affirm.

BACKGROUND

Hide-A-Way Lake is a res... More...
   $0 (12-20-2013 - TX)

Edith Johnson v. Mark C. Hopkins

This interlocutory appeal began as an unlawful detainer action brought by Edith Johnson and Lisa Miller (“Landlords”) against Mark C. Hopkins and Milton Williams (“Tenants”) in the General Sessions Court for Davidson County. The record on appeal is extremely sparse and includes neither the lease nor a description of the property at issue.1 The following factual and procedural summary is gl... More...   $0 (12-19-2013 - TN)

Flora Dolnikov v. Dikran Ekizian

We hold in this appeal that conduct can constitute actionable interference with the use and enjoyment of an easement even when the conduct does not physically obstruct the servitude. The easement in question is for ingress and egress to undeveloped lots in the Hollywood Hills. Plaintiff Flora Dolnikov, owner of the dominant tenement, was interrupted during her construction of two residences by def... More...   $0 (12-19-2013 - CA)

Samuel Crego v. Guillermo Lash & John Hoysick

This case involves loans between acquaintances to finance a failed real estate venture. A jury found that appellant Samuel Crego breached two separate loan agreements: one, a promissory note with appellee Guillermo Lash, and two, an unwritten agreement with appellee John Hoysick. After the jury awarded damages and

2

attorneys’ fees, the trial court rendered judgment against Crego i... More...
   $0 (12-19-2013 - TX)

Michael Skinner v. Pamela Skinner

Michael Skinner appeals a trial court’s judgment dismissing his divorce proceeding after granting his estranged wife’s special appearance. In his sole issue, Michael argues that his wife Pamela, who lives in Florida, waived her right to a

2

special appearance by submitting a letter to the district clerk that requested a dismissal before she filed her verified special appearance. ... More...
   $0 (12-19-2013 - TX)

Glenn F. Straub v. Muir-Villas Homeowners Association, Inc.

A property owner appeals a final judgment that determined the number of lots that could be assessed against him by the homeowners association. He argues the trial court erred in permitting the association to assess him for eight lots. The association cross-appeals a portion of the same judgment that determined it was not entitled to reimbursement of assessments paid to the larger development. We a... More...   $0 (12-18-2013 - FL)

Werner Heldenmuth v. Paul Groll

A claimant harmed by a breach of an escrow agreement can pursue damages against an escrow agent for breach of contract, but damages for civil theft require more than proof of noncompliance with the escrow agreement. In the context of escrow agreements, damages for civil theft require allegations of knowing and intentional wrongful conduct. In this appeal, we address whether the trial court properl... More...   $0 (12-18-2013 - FL)

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