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Real Property Law
San Diego Gas & Electric Company v. Arnold J. Schmidt

Plaintiff San Diego Gas & Electric Company (SDG&E) initiated this eminent domain proceeding to condemn an easement for electric transmission lines across the property of defendants Arnold and Valerie Schmidt and Luis Naranjo (collectively defendants) after the parties could not agree on an appropriate valuation for the property. Agreeing with defendants' experts that an open-pit mining operation w... More...   $0 (08-17-2014 - )

Camp Easton Forever, Inc. v. Inland Northwest Council of Boy Scouts of America

Camp Easton Forever, Inc., (“CEF”) and Daniel and Matthew Edwards (collectively “the Edwardses”) appealed the district court’s grant of summary judgment to Inland Northwest Council Endowment Properties, LLC, and Inland Northwest Council of the Boy Scouts of America (collectively “INWC”). CEF and the Edwardses filed an action to declare the parties’ rights to property INWC owns on L... More...   $0 (08-15-2014 - ID)

Janice Dudley, et al. v. Nettie Johnson and Joseph Conwright

In this Harrison County land title dispute between two neighboring families connected by a marriage, the original title to the disputed 7.23 acres was within the Conwright family, yet there was some evidence that the tract had been used from time to time by various members of the Johnson family other than the Johnson family claimants. After a bench trial, the trial court ruled that, because the Jo... More...   $0 (08-15-2014 - TX)

City of Pasadena v. Mercury Casualty Company

During a windstorm in late November 2011, a tree owned by the City of Pasadena (City) fell on the residence of James O’Halloran. As a result of the damage caused to the house, the insurer Mercury Casualty Company (Mercury) paid benefits to O’Halloran pursuant to his homeowner’s insurance policy. Mercury then sued the City for inverse condemnation and nuisance based on the damages caused by t... More...   $0 (08-14-2014 - CA)

Chubb NJ v. Patrick Fox d/b/a Fox Architects and Terrell D. Palmer d/b/a Terry Palmer

COMES NOW, the Plaintiff, Chubb NJ, and for its cause of action against Defendant, Patrick Fox d/b/a Fox Architects and Terre!! D. Palmer, AKA, Terry Palmer, alleges and states as follows:
The Plaintiff, Chubb NJ, is a foreign insurance corporation, doing business in the State of Oklahoma. The Plaintiff insured Robert Doenges, who suffered the property damage that is the subject of this... More...
   $0 (08-13-2014 - OK)

Idaho Department of Health & Welfard v. Cathie Peterson

This case arose out of the Department of Health and Welfare’s (IDHW) attempt to recover Medicaid benefits from Melvin Peterson’s estate that were paid during his lifetime. At issue is whether any part of a real estate transfer from Melvin Peterson to his daughter Cathie Peterson is subject to Medicaid recovery.
The relevant facts of this case are no... More...
   $0 (08-13-2014 - ID)

In the Matter of the Marriage of Barney Samuel Bradshaw and Amanda Cheri Bradshaw

Barney Samuel Bradshaw appeals the trial court’s final decree of divorce. On appeal, Barney presents three issues. We reverse and remand.
Barney and Amanda Cheri Bradshaw were married on November 13, 2010. Amanda filed an original petition for divorce on September 10, 2013, requesting that the court divide their estate in a manner that the court deems just and right. Barney fi... More...
   $0 (08-13-2014 - TX)

Christopher Joel Davey v. Margarett Jordan Royalties, Inc., et al

Christopher Joel Davey appeals from an adverse summary judgment rendered in his suit against numerous oil companies in an attempt to recover land that once belonged to his deceased father. In five issues, Davey contends that the orders rendered in the temporary administration of his father’s estate are void for want of jurisdiction, the deeds purportedly conveying property to Margarett Jordan Ro... More...   $0 (08-13-2014 - TX)

The Heirs of Andres Garcia and Francisca Menchaca v. Atlee Parr, Ranch Enterprises LLC, Los Orcones Ranch LTD and Los Orcones Ranch Management LLC

This is an appeal of a take-nothing summary judgment adjudicating title to approximately 11,000 acres of real property in Duval County. Because we conclude appellants failed to produce evidence that they hold title to any part of the property at issue, we affirm the trial court’s judgment.
1 Sitting by assignment.
The property in d... More...
   $0 (08-13-2014 - TX)

Steven Hoffman v. 162 North Wolfe, LLC

This case involves a dispute between the owners of adjacent commercial property located in Sunnyvale at 170 North Wolfe Road (170 Wolfe, or 170 Wolfe property) and 162 North Wolfe Road (162 Wolfe, or 162 Wolfe property). In March 2010, appellants Steven Hoffman (Hoffman) and Swee Lin Hoffman (collectively, the Hoffmans), purchased the 170 Wolfe property. After close of escrow, the owner of the 162... More...   $0 (08-13-2014 - CA)

Dorothy R. Schroeder v. LND Management LLC

Appellant, Dorothy R. Schroeder, challenges the portion of the county court’s post-judgment order disbursing $4,000 of her $8,000 appeal bond funds as damages to appellee, LND Management, LLC (“LND”), after LND prevailed in its forcible detainer suit against her. In two issues, Schroeder contends that the county
court erred in granting, outside its plenary power, relief that is inc... More...
   $0 (08-12-2014 - TX)

Ruben Garcia and Jose Garcia v. Javier E. Perrett

Appellants, Ruben Garcia and Jose Garcia (the “Garcias”), challenge the trial court’s judgment of possession of real property in favor appellee, Javier E. Perrett, in Perrett’s forcible-detainer action against them. In two issues, the Garcias contend that the evidence is legally and factually insufficient to support the
trial court’s finding that they committed a forcible detai... More...
   $0 (08-12-2014 - TX)

Charles and Virginia Barnes v. The District Board of Trustees of St. Johns River State College, Florida

A state college’s stormwater management system is the focus of this dispute. Charles and Virginia Barnes sued the District Board of Trustees of St. Johns River
State College for damages to their property from water alleged to have overflown from a retention pond on the District’s campus. The trial court ruled the District was entitled to immunity under section 373.443, Florida Statutes. We... More...
   $0 (08-12-2014 - FL)

Betty Keith v. Mountain Resorts Development, LLC

¶ 1 This case is about land in Park City, Utah—a little town
that has undergone many transformations. Mormon pioneers first
traveled through the area on their way to Salt Lake City. When
prospectors discovered silver in the hills, it became a mining
boomtown, then, when the price of silver fell, it was nearly
deserted as a ghost town—but industrious residents reinvented it... More...
   $0 (08-08-2014 - UT)

Betty Keith v. Mountain Resorts Development, LLC

¶ 1 This case is about land in Park City, Utah—a little town that has undergone many transformations. Mormon pioneers first traveled through the area on their way to Salt Lake City. When prospectors discovered silver in the hills, it became a mining boomtown, then, when the price of silver fell, it was nearly deserted as a ghost town—but industrious residents reinvented it as a luxury resort ... More...   $0 (08-08-2014 - UT)

The University of Texas at Austin v. John Sampson

Appellee John Sampson brought suit against the University of Texas at Austin
pursuant to the Texas Tort Claims Act (TCA) seeking damages for personal injuries he sustained on
the University’s campus. See Tex. Civ. Prac. & Rem. Code §§ 101.001–.109. In this interlocutory
appeal, the University challenges the trial court’s order denying its plea to the jurisdiction, motion
to... More...
   $0 (08-08-2014 - TX)

Arnulfo Alvarez v. BAC Home Loans Servicing, L.P.

Plaintiffs Arnulfo and Consuelo Alvarez and Enrique and Ofelia De Haro appeal from a judgment entered in favor of defendants BAC Home Loans Servicing, L.P., Bank of America, N.A., and ReconTrust Company, N.A. (collectively Bank of America) following the sustaining of defendants’ demurrer to plaintiffs’ second amended complaint (the complaint) without leave to amend.1 The complaint alleges, amo... More...   $0 (08-07-2014 - CA)

Dallas County Hospital District v. Laura Constantino

Dallas County Hospital District d/b/a Parkland Health and Hospital System appeals that part of the trial court’s interlocutory order denying its plea to the jurisdiction in Laura Constantino’s suit for personal injuries. We reverse and remand.
Constantino sued Parkland after sustaining injuries to her arm and shoulder when a television set fell on her while visiting a Parkla... More...
   $0 (08-07-2014 - TX)

ABC Agra, LLC v. Critical Access Group, Inc.

This appeal arises out of ABC Agra, LLC’s (“ABC”) action seeking a declaratory judgment against Critical Access Group, Inc. (“CAG”) regarding the enforceability of a real property use restriction. Because there were no existing or proposed uses that implicated the restriction, the district court determined that the claim was not ripe and granted CAG’s 12(b)(6) motion to dismiss. We aff... More...   $0 (08-06-2014 - ID)

Transcontinental Realty Investors, Inc. v. Sidney Wicks

Appellant Transcontinental Realty Investors, Inc. appeals from various rulings of the trial court arguing appellee lacks standing to assert claims as landlord. Appellant also contends that the trial court erred in its admission of expert witness testimony. We affirm.
Pursuant to the terms of a lease dated September 3, 2004, Sidney Wicks leased various commercial properties in Ad... More...
   $0 (08-05-2014 - TX)

Kathie Gossett v. Kimberly Back

Appellant Katie Gossett (Katie) appeals the probate court’s order appointing appellee Kimberly Back (Kimberly) as the independent executrix of the Estate of Lola B. Chenoweth (the Estate). In two issues, Katie asserts (1) the probate court erred by determining she was disqualified to serve as the independent executrix of the Estate and (2) the evidence is legally insufficient to support her disq... More...   $0 (08-05-2014 - TX)

Cathie Reisler v. Keith Reisler

Cathie Reisler appeals the trial court’s final decree of divorce, dissolving her marriage to Keith Reisler and dividing their marital property. Cathie Reisler raises four issues on appeal arguing the trial court erred when it: (1) awarded Keith Reisler a disproportionate share of the community estate because it made numerous calculation errors in the property division; (2) failed to award her a ... More...   $0 (08-05-2014 - TX)

Greenway Park Commercial Owners Association, Inc. v. R.T. Properties, LLC

Comes now, the Plaintiffs Greenway Park, LLC (GP LLC) and Greenway Park Commercial Owners Association, Inc. (the Association) and for their cause of action submit the following.
1. Plaintiff Association is an Oklahoma community association existing under the plat for
Greenway Park Addition (the Addition), the Declaration of Covenants and ... More...
   $0 (08-04-2014 - OK)

Watoshina Lynn Compton v. Countrywide Financial Corporation, et al.

Watoshina Lynn Compton appeals the district court’s
dismissal of her claim under section 480-2 of the Hawaii
Revised Statutes, which authorizes consumers to “bring an
action based upon unfair or deceptive acts or practices.”
Haw. Rev. Stat. § 480-2(d) (referred to herein as a UDAP
claim). Because Compton’s complaint adequately alleges
that unfair and deceptive acts... More...
   $0 (08-04-2014 - HI)

State of Oklahoma v. Dale Wayne Hargrave

Tulsa, Oklahoma criminal defense lawyer Fred DeMier represented Dale Wayne Hargrave, who was charged by the State of Oklahoma with:

Count # 1.
Count as Filed: DU8M, UNLAWFUL POSSESSION OF CONTROLLED DRUG , in violation of 63 O.S. 2-402
Date Of Offense: 12/22/2012

Party N... More...
   $0 (08-02-2014 - OK)

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