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Real Property Law
 
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

2

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.
BACKGROUND
¶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

2

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.
Issue: QUIET TITLE (QUIET)
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)

The Montrose Management District and The Public Officials; Claude Wynn, Randy Michmore, Cassie Stinson, Kathy Hubbard, Brad Nagar, Robert Jara, Bobby Huegel, Dana Thorpe, Lane Llewellyn, David Robinson, Michael Grover, Randy Ellis and Bill Calderon v. 1620 Hawthorne, LTD

This is an appeal from the trial court’s denial of a summary judgment motion based on governmental immunity.1 The Montrose Management District (the District), the Public Officials,2 and Executive Director Bill Calderon (collectively, the Appellants) assert that the trial court erred in denying their summary judgment motion on several grounds. In their first issue, which contains several sub-issu... More...   $0 (06-10-2014 - TX)

Joseph R. Erlach v. Sierra Asset Servicing, LLC

John Erlach (appellant) appeals from a judgment of dismissal of his complaint against Sierra Asset Servicing LLC (Sierra) entered after the trial court sustained Sierra's demurrer without leave to amend. Appellant contends that it was error for the trial court to determine that his residential lease was void and that he was a squatter with no legal rights because a code enforcement notice (red tag... More...   $0 (06-10-2014 - CA)

Saeed Keshtgar v. U.S. Bank, N.A.

Plaintiff obtained a loan secured by a deed of trust on real property. The loan is in default. He brings this action against the bank, as trustee of a mortgage trust, to prevent the bank from initiating foreclosure proceedings. An insuperable barrier stands in his way, California's nonjudicial foreclosure statutes. Gomes v. Countrywide Home Loans, Inc. (2011) 192 Cal.App.4th 1149, explains why act... More...   $0 (06-09-2014 - CA)

W. Robert Mathews and Laura B. Mathews v. Branch Banking & Trust Co.

W. Robert and Lura B. Mathews appeal an order awarding Branch Banking and Trust Co. (BB&T) surplus funds from the foreclosure sale of their home. The trial court found that BB&T was entitled to the entire surplus amount to satisfy a second mortgage interest in the property. We conclude that the trial court erred in

- 2 -

awarding BB&T the surplus funds because it failed to file a cla... More...
   $0 (06-06-2014 - fl)

In the Matter of the Marriage of William Scott Dorner and Gloria Monique Dorner

William Scott Dorner and Gloria Monique Dorner were divorced on October 22, 2012. The property division included in the divorce decree required Gloria to sell a particular parcel of land and to list that parcel for sale with a licensed real estate broker on or before December 1, 2012. On June 7, 2013, William filed a petition seeking to (1) enforce the property division, (2) reduce the personal pr... More...   $0 (06-06-2014 - TX)

JJJJ Walker, LLC; Dynafab USA, LLC; Renaissance Properties of Texas, LLC; Priya Properties, LLC; BD Texas, LLC; and KW Hospital Acquisition, LLC v. Eric Yollick

In this fraud case, the plaintiffs prevailed in their claims against a bank, the bank’s corporate agent, and the bank’s attorney, but the trial court granted judgment notwithstanding the verdict on the claim against the bank’s attorney on the ground that no evidence supported the liability finding. In arguments that we treat as cross-points, the attorney argues that the economic-loss rule an... More...   $0 (06-05-2014 - TX)

Charles P Curry & Jennifer Curry v. Harris County Appraisal District

Today we address the scope of a property owner’s rights and remedies to challenge the appraised value of real property for property-tax purposes. The property owners asserted protests before the appraisal review board, challenging the appraised value of their real property. The appraisal review board concluded

2

that the appraisal for the tax year at issue was incorrect and ordered... More...
   $0 (06-05-2014 - TX)

Harsadbhai Patel & Dharmishtha Patel v. Harris County Appraisal District and The Appraisal Review Board of Harris County Appraisal District

This case involves important issues regarding the rights and remedies of property owners who challenge the appraised value of real property for property-tax purposes. The property owners in today’s case protested before the appraisal

2

review board the appraised value of their real property. Following a contested hearing, the appraisal review board concluded that the appraisal for ... More...
   $0 (06-05-2014 - TX)

Curtis Moore v. Veronica Moore

In this divorce case, we consider whether the trial court erred in (1) characterizing appellant’s separate property as community property and including it in the community property division, thereby causing a property division that was

2

not just and right; and (1) ordering that the appellant to pay periodic child support in the amount of $1500 per month. We affirm in part and... More...
   $0 (06-05-2014 - TX)

Bridgett Henties v. James Schweppe, Administrator for the Estate of Michael L. Henties, Deceased, and Trustee of the Michael L. Henties Estate Trust

The disputed issue in this appeal is the ownership of a piece of real property (the Property) located in Comal County, Texas. After James Schweppe, as administrator of the Estate of Michael L. Henties and as trustee of the Michael L. Henties Estate Trust (the Estate), filed a notice of lis pendens giving notice of a potential dispute over ownership of the Property, Bridgett Henties filed suit in d... More...   $0 (06-03-2014 - TX)

Gene Smirl d/b/a Gene's Pearland Exxon and Gene Smirl d/b/a Pearland Motor Company v. The State of Texas and RMJ Miller Real Estate Holdings, Ltd.

Appellant, Gene Smirl, doing business as “Gene’s Pearland Exxon” and “Pearland Motor Company” (“Smirl”), challenges the trial court’s rendition of

2

summary judgment in favor of appellee, RMJ Miller Real Estate Holdings, Ltd. (“RMJ”),1 in Smirl’s suit against RMJ to recover a portion of condemnation proceeds for the value of his lost leasehold interest in the su... More...
   $0 (06-03-2014 - TX)

Santino Aguirre, Brenda Echavarria and Leroy Aguirre v. Scott S. Aguirre and Irma S. Aguirre

Santino Aguirre, Brenda Echavarria, and Leroy Aguirre (Appellants) appeal from the trial court’s take-nothing summary judgment in favor of Scott S. Aguirre and Irma S. Aguirre (Appellees). We reverse and remand.

2

Background

On September 20, 2011, Appellants brought suit against Appellees.1 Santino, Brenda, Leroy, and Scott are siblings. Their mother is Lydia Aguirre.
More...
   $0 (05-30-2014 - TX)

Iglesia Cristiana Cristo Vive, Inc. v. Church of God of the Apostolic FAith Latin Conference, Inc.

By three issues, appellant, Iglesia Cristiana Cristo Vive, Inc., appeals from a verdict in favor of appellees, Church of God of the Apostolic Faith Latin Conference, Inc. (“Church of God”) and Pablo Sanchez. We affirm.

2

I. BACKGROUND

Rebecca Robles testified that she served as secretary of a church named the Centro De Adoracion Hosanna (“Hosanna”) with the Reverend Hi... More...
   $0 (05-29-2014 - TX)

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